Some time ago I raised a matter with the Minister concerning ten or 12 officials of the ordnance service. At the time there was but one case, but I rather think it governed the others. In this particular case a man entered the service and was promoted surveyor unestablished on May 6th, 1903. He was one of a number of civil servants who were given the option in 1915 or 1916 of joining the Army or taking his discharge from the service. He took his discharge. He was reinstated in February, 1924, and it appears that he would require to have served 15 years from 1903 before he would be an established official, and then 7½ years of that time would qualify for pension. Perhaps it might be as well if I read counsel's opinion in this case.
"I have carefully considered querist's position in the light of his career as set out in his letter of April, 1940, and, in my opinion, he has real grounds for complaint. In my opinion, when querist was reinstated in February, 1924, and obtained a certificate from the Minister for Finance under Section 2 of the Superannuation and Pensions Act, 1923, he was entitled then to claim that he had unestablished service from the date of his appointment as surveyor unestablished on the 6th May, 1903, up to the date of the reinstatement. The certificate of the Minister of February, 1924, was correct and in accordance with the statute in dealing only, as I understand it did, with the period between the dismissal on the 31st March, 1916, and the date of reinstatement. The section does not authorise or require a certificate in respect of the period of previous service. The section provides that the period between dismissal and reinstatement is to be added to the periods of service which he is otherwise qualified to reckon under the Superannuation Acts. If it be necessary further to define what period is intended, Section 7 (f) of the Superannuation Act, 1936, makes it clear that the period is to include the period of the person's service within the meaning of the Superannuation Acts in any British Civil Service.
The position of querist, therefore, in February, 1924, was, in my opinion, that he had nearly 21 years' unestablished service and he was entitled to any rights which that service gave him. Unfortunately, they gave in themselves no right to superannuation claims and all that can be claimed is whatever querist was entitled to under the Minute of the Board of Agriculture and Fisheries of the 5th December, 1906, relating to the ‘superannuation of certain temporary civil assistants employed on the Ordnance Survey'. This minute provided that every civil assistant should enter the service in an unestablished capacity and should not be eligible for the establishment until he has served for 15 years. The minute provides that ‘at the end of that period if the board desire to retain his services he may be placed on the establishment subject to his obtaining a certificate of qualification from the Civil Service Commissioners'.
It will be seen, therefore, that after 15 years' service unestablished querist was eligible for the establishment subject to obtaining a certificate, and if established would be entitled to reckon one-half his previous service for superannuation. There was, however, no right to be placed on the establishment and all that can be said is that on reinstatement in February, 1924, querist was eligible to be placed forthwith upon the establishment and to reckon one-half of his service of 21 years for superannuation. In my opinion, querist was in justice entitled to this treatment.
Apparently the course taken was to assert that querist's unestablished service began only on the date of his dismissal and he was required to complete 15 years from that date before being established. I can see no justification whatever for fixing the date of his dismissal as the commencing point. The section referred to is quite clear that on reinstatement the officer is deemed to have continuous service from the date of his actual appointment and the effect of the certificate and the reinstatement is simply to blot out the interruption of the service.... I cannot see, however, that any legal claim could be formulated in the courts."
During my term of office in the Government, civil servants who were affected were provided with compensation in respect of the period of disturbance around 1915 and 1916. This is a case in which, apparently, a man does not get that treatment. He was dismissed from the service in 1916. He had then some 13 years' unestablished service. He was taken back in 1924. The claim I make is that he was entitled to add those eight years he was out of the service, for political reasons, to his 13 years of service, which would make 21 years. He claims to be entitled to add ten and a half years in the computation of his pension. That is not an unreasonable claim. There are not many of these cases. I should be sorry to think that any section of those in the service of the State should feel that they did not get the treatment meted out to others. In this case, the man got the option of joining the Army. He had been a civil servant from 1903 to 1916. We have always taken the view that no man should be prejudiced by reason of his taking a position of that sort. This man's remuneration was about £400 and he goes out on a pension of about £68. I do not think that it is unreasonable to ask for the additional years. I can forward to the Minister, if he wishes, any of the papers in the case which would enable him to reconsider it.
These are the only cases which could be alleged against either Government, so far as I know, of treatment which is harsh. If I understand correctly, the most he could be asked to do would be to give one or two additional years after re-entering the service to qualify for his 15 years. Having regard to the hardship he suffered, these eight years might be regarded as years of service for the purpose of the Superannuation Acts. From 1924 to 1940 would be only 16 years. Add ten and a half years to that and we get 26½ years. The man is now 65 years of age, and he has given 37 years' service. If, in this connection, the section provides that two years' service will only count for one for superannuation purposes, it is obvious that there is additional hardship. The man has no legal redress, but he has a strong case, morally and nationally. He should not be prejudiced by reason of his dismissal in 1916 for exercising what would be re garded as his right.