Cogan and Others v Minister for Finance

• Jurisdiction: Ireland
• Judgment Date: 01 January 1941
• Date: 01 January 1941
• Court: High Court

Cogan and Others

and

Minister for Finance

Civil Servants - Transferred Officers - Stabilisation of bonuses - Right of Minister for Finance to make reguations for - Government of Ireland Act, 1920 (10 11 Geo. 5, c. 67), s. 55, sub-s. 1 - Civil Service Regulation Act, 1924 (No. 5 of 1924), s. 9 - Ministers and Secretaries Act, 1924 (No. 16 of 1924), s. 2, sub-s. 3 - Civil Service (Transferred Officers) Compensation Act, 1929 (No. 36 of 1929), s. 14, sub-s. 1 - Civil Service (Stabilisation of Bonus) Regulations, 1940 (Stat. R. Or., 1940, No. 177).

Paragraph 2 of the Civil Service (Stabilisation of Bonus) Regulations, 1940 (Stat. R. & Or., 1940, No. 177) provides: —"On and from the date on which these Regulations come into force, the remuneration of every person to whom these Regulations apply, shall cease to be variable in consequence of changes in the index number and, in lieu thereof, the remuneration of every such person shall—(a) if he was in the Civil Service immediately before the said date, be calculated by reference to the index number or numbers by reference to which his remuneration was calculated immediately before the said date, and (b) if he enters the Civil Service on or after the said date, be calculated by reference to the index number or numbers by reference to which his remuneration would have been calculated immediately before the said date if he had then been in the...