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Report No. 53

18. Points summarised.-

In our view, therefore, the present provision in section 4 is-

(a) unjust on principle;1

(b) based apparently on a common law rule which itself is of doubtful validity;2

(c) anachronistic;3

(d) unrealistic4 and

(e) inconsistent with the basic legal character of the pensioner's right, and, in that sense, opposed to Article 19(1)(f) of the Constitution.

1 Para. 10, supra.

2 Paras. 11 and 12, supra.

3 Para. 14, supra.

4 Para. 16, supra.

Effect of The Pensions Act, 1871 On the Right to Sue for Pensions of Retired Members of the Public Services Back

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