Byrnes v Limerick County Council

JurisdictionIreland
Judgment Date29 July 1932
Date29 July 1932
CourtSupreme Court (Irish Free State)
[S. C., I.F.S.]
Byrnes
and
Limerick County Council

Clerk of Rural District Council -Resignation prior to passing of Local Government Act, 1925 - Whether consent of Minister for Local Government given to resignation - Consent after passing of Local Government Act, 1925 -Relation back of consent - Grant of "maximum superannuation allowance to which he is by law entitled" - No consent of Minister to grant -Amount of grant - Dispute as to right to and amount of allowance - Local Government (Ir.) Act, 1919 (9 10 Geo. 5, c. 19), s. 8 - Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), s. 11 - Local Government Act, 1925 (No. 5 of 1925). ss. 3, 44, 45, 87.

Section 8 (1) of the Local Government (Ir.) Act, 1919, provided, inter alia, that if any officer of a local authority, who held on the passing of the Act a pensionable office, resigned his office with the sanction of the Local Government Board, he should, without prejudice to any other right, be entitled to receive from the local authority an allowance not exceeding two-thirds of the salary, fees and emoluments which he was in receipt of at the time of the resignation, and not less than an allowance calculated according to the scale provided by the Superannuation Acts, 1834 to 1892, and the rules thereunder, if at that time he had served as an officer of the local authority for not less than ten years. Sub-section 2 provided that the Local Government Board should not give their sanction to the resignation of an officer for the purposes of the section unless they were satisfied, inter alia, that he had become incapable of discharging the duties of his office with efficiency by reason of permanent infirmity of mind or body. By s. 11 (5) of the Local Government (Temporary Provisions) Act, 1923, it was provided that, from and after the passing of the Act, no allowance, the amount of which exceeded the amount of an allowance calculated according to the scale provided by the Superannuation Acts, 1834 to 1892, and the rules thereunder should be granted by a local authority to an officer under the provisions of s. 8 of the Local Government (Ir.) Act, 1919, without the consent of the Minister for Local Government. By the Local Government Act, 1925, which became law on March 26th, 1925, s. 8 of the Local Government (Ir.) Act, 1919, was repealed. By s. 3 (1) of the same Act it was provided that, on and after the appointed day (defined as October 1st, 1925),...

To continue reading

Request your trial
2 cases
  • Lacy v Meath Board of Health
    • Ireland
    • High Court
    • 24 Junio 1938
    ... ... I.F.S.] ... Meath County Board of Health ... Clerk of Union also Clerk of Rural rict Council - Dual position held until Union abolished - Subsequently whole time ... ...
  • Conroy v Minister for Defence and Minister for Finance
    • Ireland
    • Supreme Court (Irish Free State)
    • 1 Enero 1935
    ...D. 79, at p. 89. (3) [1907] 1 K. B. 205, at p. 218. (4) [1920] 1 K. B. 563, at p. 576. (5) [1932] I. R. 207. (6) [1932] I. R. 466. (7) [1932] I. R. 653. (1) 5 App. Cas. 214, at p. (1) 5 App. Cas. 214. ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT