The State (Conlan) v Referee appointed under the Military Service Pensions Act, 1934, and Another

• Jurisdiction: Ireland
• Judgment Date: 16 April 1947
• Date: 16 April 1947
• Court: Supreme Court

(S.C.),

The State (Conlan)

and

Referee appointed under the Military Service Pensions Act, 1934, and Another

Claim for pension -Application examined by board of assessors under Military Service Pensions Act, 1924 - Report on application made by board to Minister for Defence -Pension granted - Statutory provisions as to review - Request by Minister to Referee appointed under Military Service Pensions Act,1934, to review report - Referee acting on request -Certiorari - Prosecutor seeking to quash Minister's request - Request not a judicial act - Not a subject for certiorari - Military Service Pensions Act,1934, (No. 43 of 1934), s. 13.

1. Sect. 13, sub-s. 1 of the Military Service Pensions Act, 1934, reads as follows: —"Where (a) in consequence of a report under the Act of 1924 a certificate of military service has been granted, or (b) in consequence of a report under this Act a service certificate has been granted, the Minister may, on the ground that evidence not available prior to the making of such report has since become available, at any time request the Referee to review such report, and the Referee shall thereupon review such report and, after hearing such additional evidence and any evidence which...