Trower v Commonwealth [1923] HCA 30

CLR.] OF AUSTRALIA. 585

messing a doubt upon the subject, and avoid deciding the matter H.C. oF A. a sense contrary to the view they have formed. acd THe Kine

Orders nisi discharged with costs. Motion for interlocutory injunction dismissed with costs.

AND

Solicitors for the prosecutors and plaintiffs, R. D. Meagher, 0'Kruux fogarth & Co. ; Collins & Mulholland. Solicitor for the respondents and defendants, Gordon H. Castle, Crown Solicitor for the Commonwealth.

B. L. (HIGH COURT OF AUSTRALIA.] OWER 5 . i : 'i - r . Parner ; AGAINST 'HE COMMONWEALTH . a é - . DeErenpanr.

lic Service (Commonwealth)—Transferred officers—Officer in Public Service of H.C. or A. State—Transfer to Public Service of Commonwealth—Break in service of State 1993.

between establishment of Commonwealth and time of transfer—The Constitu- = Go tion (63 & 64 Vict. c. 12), sec. 81—Commonwealth Public Service Act 1902-1918 Brispaxz, (No. 5 of 1902—No. 46 of 1918), sec. 60. _ June 14.

Sec. 84 of the Constitution deals in the first three paragraphs with the rights SypNey, of officers of Departments of the Public Service of a State transferred to the Aug. 2. Commonwealth, and provides that "any such officer who is retained in the service of the Commonwealth shall preserve all his existing and accruing rights, KB0S C1 'and shall be entitled to retire from office at the time, and on the pension or °*¥*" Duly JJ- retiring allowance, which would be permitted by the law of the State if his service with the Commonwealth were a continuation of his service with the State." The fourth paragraph of the section enacts that "any officer who is, at the establishment of the Commonwealth, in the Public Service of a State,

H.C. or A.

1923. yy TROWER v Tue Common- WEALTH.

HIGH COURT

and who is, by consent of the Governor of the State with the advice of th Executive Council thereof, transferred to the Public Service of the Commo wealth, shall have the same rights as if he had been an officer of a Departmen transferred to the Commonwealth and were retained in the service of th Commonwealth."