Hanly v Louth County Council

• Jurisdiction: Ireland
• Judgment Date: 01 January 1962
• Date: 01 January 1962
• Court: Supreme Court

(S.C.)

Hanly

and

Louth County Council

Superannuation - Whether exempted from contribution - Case Stated - Local Government (Superannuation) Act, 1948, ss. 2, 37, (7) - Local Government Act, 1941, s. 28, (1) (2) (3) - Local Government Act, 1925.

By order dated 3rd March, 1948, H. was appointed by a County Council to the office of clerical officer and by letter dated 9th April, 1948, the Minister for Local Government notified the Council that he had sanctioned the appointment. H. took up duty on the 13th April, 1948, and from that date onwards the Council deducted a superannuation contribution from his salary. H. claimed a refund of the sums deducted by the (Council from his salary. The Circuit Judge gave a decree in favour of H. On appeal to the High Court the learned Judge stated a case for the opinion of the Supreme Court. The question of law raised was:—Whether the plaintiff was, on the 1st April, 1948, a pensionable officer of a local authority for the purpose of Part IV of the Local Government Act, 1925. Held by the Supreme Court, that H. was a pensionable officer of the County Council on the first day of April, 1948 when the Minister's sanction was given to H.'s provisional appointment, that appointment by virtue of section 28 of the Local Government Act, 1941, became final with effect as from the day it was made by the County Council...