2/. As to the general question raised in para 182 of the despatch - Certain officers were granted certain increases of salary from a certain date. Therefore, if such an officer is entitled from that date to the date of his leaving to his increase of salary, unless there was some express provision or declaration depriving him of the increase in whole or in part in the event of his leaving the service before a certain date. There does not appear to have been such a condition here. Therefore, I am in agreement with the Acting Colonial Treasurer, Mr. Johnson.
JS.R. 7/3 - You asked me to consider how the decision on arrears of increased salary would affect this case, and whether it would affect the grant of Pension. There will be a difference between voluntary resignation and retirement on pension; and perhaps the decision on 36106/01 is relevant (see also 23432/01). The increases of salary were approved on 19 July 1901 (vide 25037/99 and 16701/00).
A.F. 11/3 - Please see Mr. Risley's note on 36106/01. The fact that this man resigned entirely of his own accord in order to enter private employment seems to be relevant. The increases were approved subject to approval by the Legislative Council.
Gus 11/3 - M. Johnson - The case of Gibbs (36106/21) seems to me distinguishable from that of this officer. In the former, the increase was only given after the officer had left the service, and he was clearly not entitled to the benefit of its retrospective operation. In the latter, if I have the facts correctly, the increases were given whilst the officer was in the service, but the actual amount of the increases was not definitely settled until after he had resigned.
His claim was refused on the ground that he did not apply, whilst in the service, for the increase. He could not apply until he knew how much he was entitled to, and he did not and could not obtain that knowledge until after he had left the service.
I think he is entitled to his pay up to the moment of his leaving the service. It is not affected by the fact that he voluntarily resigned his office. If he had remained in the service, he would have been allowed the increases.
84913/3 (B & L (x) — 46569----3000-8-01) - An officer does not lose pension by voluntary resignation, but not pay.
Mr. Lucas 2.S.R.12/3 - Perhaps we may be guided by the decision taken on this point in the case of 33361/00.
C.P.L. sw/13/3 14
Page 71
2/. As to the general question raised in pars 182 of the deep- Certain officers were granted certain increases of Salary
from a certaris date. Therefore worry such officer is entitled
from that dali to the date of this leaving
to his increase
DI
the Seria, unless there was some express provision of declaration depriving thin of the increase in whole part in the event of his leaving the service before. qwin dati. There does not appear to have ton ave such condition hers. Therefore I as we
with the Acting, Colonial Treasure of the A. Cq.
Mr. Johnson
JS.R. 7/3
in
You asked me to 5705/0
how the decision on
arrears of increased
to grant Pension Marion,
て
of increased salary & both. P. N. Rozarid
would affect this case.
There
lo
كل
be a difference between voluntary resignation and retirement on fursion: and perhaps the decision on 36106/201 I traits, & States (su fer of dift.) is
W. (see 5 also in font. The incumes of selay
мене
Seven
increases.
on the sof s. dest.
of 19 July, 19011 24 an 23432/01).
A. F.
11/3
su muitesels on
Please su
Mr. Risley Please
36106/01. The fact that this man
oun accord in order
seems to
resignedy entirely of his enter pirate emplopment
me
t
mcreases
E approved
desk, on 250
25037/99
bject to approval Legis. Cel. & the
crementom the
bes of Galer
flingsworth
were
lowed to covent
1 Jan 50 by
of on 16701/00, &
uld doubtless
fort him out of cant.
Gus 11/3
M. Johnom
The case on
of Gibbs
36106/21
(AF)
71
scles to me distinguishable from that
In the former, the increase wer
only given after the officer
clearly not antitled to
had left the service and he was
the benefit of it's retrospection operation.
In the latter, if I have the facts correctly.
an incues were
given whilst the officer was in the service but the actual mount of the incrimes was not definitely satted until after he had resigned. His claim was
refused on
tu survie
the pound truk he did not apply, whilst in the where he could not woull apply, until he knew how
mich he was antilled to apply for, and he did not and could not obtain that knowslide until aflio
he had left the sinau -
I he was whithed to this increase mi tille the
A
not
affected by the fact that he voluntarily resigned his
is entitled to his pay
Mrie? Sureler
ve been allowed
M.+ Gibbs if he
ed remained in the
vice
up
84913/3
(B & L (x) — 46569----3000-8-01
officer
to the moment of his lawing the service, in what wer
man, oprobath does,
manues le haven it?
Itc
lose pension by voluntary resignation but not pay 3
Mr Lucas
2.S.R.12/3
the whole, reverab
Perhaps we may on
the decision taken on this point in deof on
33361/00
C.P.L
sw/13/3
14
atince
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