SENIORITY RULE IN POLICE FORCE: CLAIM ADMITTED

Gisborne Herald, Volume LXXVI, Issue 23021, 11 August 1949, Page 6

SENIORITY RULE IN POLICE FORCE: CLAIM ADMITTED

(P.A.) WELLINGTON, Aug. 10. The perpetual injunction sought by members of the police force to restrain the Commissioner of Police, Mr. James Cummings, from advancing a detective four years in seniority and pay was stated by council for the plaintiffs, Mr. J. Meltzer, to be no longer necessary, when the hearing was opened before Mr. Justice Hutchison in the Supreme Court today. William George Bennett, of Auckland, and 2G other members of the police force throughout New Zealand alleged that on June 15 a notice had been published in the Police Gazette stating that Senior-Detective William Raymond Fell, of Auckland, had been granted four years’ seniority, with pay, dating to October, 1944, for his special aptitudes and consistent zeal in the performance of his duties, and particularly his outstanding work in connection with the murder of Mrs. G. R. Rusden. No Authority in Regulations

It was alleged that the defendant Commissioner had no jurisdiction under the Police Regulations to make the award, and that the plaintifTs, all of whom were senior to Fell, would suffer loss through retarded promotion. The injunction was claimed to restore the seniority list to its condition prior to the notice in the Gazette, and to restrain the advancement in seniority of Fell. When the proceedings opened today Mr. Meltzer was given leave to read a letter from Mr. J. M. Tudhope, Crown Solicitor, to the plaintiffs. It stated that the claim for an injunction had neeii considered and the conclusion reached that the present regulations did not authorise the advancement in seniority adopted in the recognition of merits of Senior-Detective Fell. Seniority Not Affected

Although the ' announcement had been made in the Police Gazette, said the letter, no corresponding alteration had been made to the seniority list itself. Any claim that the regulations authorised such an advancement was withdrawn, and Senior-Detective Fell’s position on the seniority list remained as it was before the decision announced in the Police Gazette. “The effect is that what was asked for has been acknowledged by the defendant in the letter,” said Mr. Meltzer. “We accept the letter as a satisfactory undertaking, and do not ask for any order. The defendant has agreed to pay the costs.” His Honour struck out the application upon an assurance by the SolicitorGeneral. Mr. If. E. Evans, K.C.. who appeared for the defendant, that the position was as outlined by Mr. Meltzer.