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AN IMPORTANT CASE., Issue 7966, 23 July 1889
AN IMPORTANT CASE.
"Probably the most important mi* which has ever come before any Court fa the colony," was the remark of Mr Edward* in the Banco Court, in reference to a suit brought against the Government by Charle* Bellingbam Barnard Hankey, manager •£ the Wanganui section of the New Zealand railways, and previously occupying a similar position at Napier, for compensation for loss of office. The facts agreed upon by both parties are that on the let of June, 1881, the suppliant was appointed district manager of the Napier section of the New Zealand railways, and on the 9th of thai; month was duly gazetted; that he continued in the office until the 28th •€ January last, when the provisions of the Government Railways Act, 1887, were brought into force; that the salary for the said office was in the year 1876, and has been in every subeeqtent year up to and including the year 1888, legally appropriated to the office by th» General Assembly ; that the suppliant i» desirous of retiring from the service of th» Commissioners appointed under the Government Railways Act, 1887, and alleges that up to the time the said last-mentioned Aefc came into force he was by virtue of the faet» hereinbefore alleged in the Civil Serviee> of the colony, and that by virtue of euoseotion 4 of section 62 of the tail last-mentioned Act he has ceased to be is such service; the suppliant claims that by virtue of section 76 of the said Act he it entitled on his retirement from the serrit* of the Commissioners to compensation for loss of his office under the Civil Service Aot, 1866, and the amending Acts; the respondent alleges that the suppliant is not entitled to any compensation or allowance under the Civil Service Act, 1866, or the amending Aots, for the reasons following :—(«) Because no Order-in-Council has been mad« under the provisions of Bection 3 of the Civfl Service Act, 1866, bringing the said office of District Manager of the Napier section or any other of the offices created under the Pabli* Works Act, 1876, or under the Acts repealed by the said Act or under the Acta repealed by that Act or under the enactments substituted for the said Act, under the previsions of the Civil Service Act, 1866; (hj) because the provisions of Part I. of the Civil Service Act, 1866, with respect to classification have not been complied with or carried into effect by His Excellency the Governor ; (c) because the servants of the Railway and Public Works Departments are appointed under the powers conferred on the Governor by the several Publio Works Aots, and are not several Civil servants within purview of the Civil Service Aots; (d) because thesuppliant's case does not come within the provisions of the Civil Service Act, 1866, in respect to compensation for loss of office. It is admitted by the respondent that persons appointed to offices under the Public Works Act have been treated as Civil servant* under the Act of 1866 and amending Acts, and that upon the abolition of the offices held by them in connection with the railways, and to other offices under the Publie Works Acts, in the same manner as the suppliant, or upon their services being dispensed with, compensation has been granted. In two instances since the Government Railways Aot came into force compensation has been paid to two persons who had held railway situations. It is also admitted that compensation has been allowed to persons appointed under the Education Acts, the Property As* sessment Acts, the Public Tnut Office Acts, and the Government Insurance Acts. During the past nine years many postal and telegraph officers have been placed under the eontrol of the Railway Department, and have been worked for the Postal and Telegraph Department by the Railway Department, and a considerable number of persons originally appointed to offices in the Postal and Telegraph Department have thus come under the control of the Railway Department without their consent being asked, while a large number of persons appointed to offices in the Railway Department are also thus doing work for the Postal and Telegraph Department. The question for the opinion of the Court is whether the suppliant is entitled to compßensation for loss of his office. Judgment has been reserved. —' Post.'
AN IMPORTANT CASE. Issue 7966, 23 July 1889
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