The Queen v The First Lord of the Treasury ex parte Raymond John Petch

JurisdictionEngland & Wales
CourtQueen's Bench Division (Administrative Court)
JudgeMR JUSTICE HIDDEN
Judgment Date15 December 1993
Judgment citation (vLex)[1993] EWHC J1215-2
Docket NumberCO/1136/93
Date15 December 1993

[1993] EWHC J1215-2

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

Crown office List

Before: Mr Justice Hidden

CO/1136/93

The Queen
and
The First Lord of the Treasury Ex Parte Raymond John Petch

THE APPLICANT appeared in person.

1

Wednesday, 15th December 1993.

MR JUSTICE HIDDEN
2

MR JUSTICE HIDDENThis is a renewed application for leave to apply for judicial review in which the Applicant seeks an order of certiorari quashing the decision complained of, the Respondent's decision, dated 18th March 1993, not to allow the period of the applicant's National Service in the Royal Artillery to reckon towards his pension under the Principal Civil Service Pension Scheme 1974. He also seeks an order of mandamus requiring the Respondent within one month to reconsider his decision in the light of the finding of this court and implement his revised decision forthwith.

3

Mr Petch has taken me to his affidavit and provisions of the Civil Service Pension Scheme in support of his argument that his period in National Service should so count.

4

The factual basis is that Mr Petch had been working for the Minister of Agriculture and Fisheries from the Summer of 1959. His employment, at that station at which he was employed, finished on 23rd October 1959, and his employment was terminated. Thereafter there was a limbo before he joined the Royal Artillery on 3rd December 1959 to complete his period of two years. In that intervening time he started off by being unemployed, and then worked for employers who traded as Smith Brothers, being in the capacity of a tree feller.

5

It is Mr Petch's case that despite the fact that his employment as a civil servant with the Ministry of Agriculture and Fisheries had been terminated in October 1959, nonetheless he was employed by them immediately before his call up in December 1959.

6

The relevant statutory provision is The Superannuation (Treatment of Compulsory National Services of Civil Servants) Rules 1949 SI 517. Paragraph 3 of those Rules is one to which Mr Petch takes me. He contends that he falls under the provisions of 3(2):

7

"Where a person, immediately before he enters upon compulsory national service, is serving the State in an unestablished capacity, the period...

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