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Report No. 53

6. Section 4 considered in detail.-

The above analysis of the Act1 shows that the important provisions are sections 4 and 11. The other provisions of the Act Pensions of Retired Members of the Public Services are mostly consequential, or are in the nature of machinery. While section 11 is a beneficial provision saving the pensions and grants mentioned in the section from attachment, section 4 is a disabling provision. We quote it below-

"4. Except as hereinafter provided, no Civil Court shall entertain any suit relating to any pension or grant of money or land-revenue conferred or made by the Government or by any former Government, whatever may have been the consideration for any such pension or grant, and whatever may have been the nature of the payment, claim or right for which such pension or grant may have been substituted."

The section, thus, bars suits relating to-

(a) any pension conferred by the Government or any former Government;

(b) any grant of money made by the Government or by any former Government; or

(c) any grant of land revenue so made.

These three types of claims are barred, whatever may have been the consideration for the pension or grant. And they are barred, whatever may have been the value of the payment, claim or right for which such pension or grant may have been substituted.

1. Para. 5, supra.

7. We are not, in this Report, concerned with the second and third types of claims.1 But the bar in respect of claims under category (a) creates hardship, in so far as pensions of retired public employees are concerned. On first principle, it may sound anomalous that with all the elaborate provisions found in the service rules as to eligibility for pension and other connected matters, the person eligible is to be barred from suing in court in "a matter relating to any pension conferred by the Government"-as is provided by section 4. No doubt, the next section-section 5-provides a procedure whereunder he can apply to the Collector (or other competent officer), for the grant of a certificate, and, if such certificate is granted, a suit is permissible. But such a provision, leaving the right to sue to the discretion of an executive officer, should require strong reasons to justify its existence.

1. Para. 6, supra, categories (b)&(c).s



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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