(2)
302
not informed of the liability which would accrue on his acceptation of this appointment at the time he accepted it,- a condition precedent to the establishment of any
similar claim in the case of officers of the British
Army, (see The Royal Warrant, para465, (e),- but for two years and four months no claim whatever was made upon
him.
Had he known that the nett salary of the appointment was only £103 he would certainly never have accepted it. By deferring the claim for two and a third years the Depart- ment has deprived him of the opportunity of resigning his appointment, which he would have done at once on becoming
aware of the liability.
He is now called upon to pay within 15 days a sum which
now amounts to about £450, with a rate of interest calcul-
ated daily and amounting to about 7 of t
He does not possess the money required and his alternatives
therefore are to borrow it(if possible, at some less severe
rate of interest) and to be saddled with a debt which it
will take him many years to clear off, or else to forfeit
his claims on the leave and pension fund and thus to fore-
50,
to the advantage of the Indian Treasury, the benefit to
which he has a legal claim in respect of the contributions
he has made during 15 years' service.
3.
I feel assured that Your Lordship will con-
cur with me that the case presents some features which
render it a peculiarly hard cne, and which therefore
would prevent its being drawn into a precedent should
Lord Morley see fit to direct that the claim should be
waived or modified in this instance.
The result of enforcing it would be to blight the carcer
of a young officer whom I have grounds for knowing is
considered
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