HC Deb 04 August 1947 vol 441 c973
39. Brigadier Low

asked the Under-Secretary of State for India whether, in view of the service rendered and to be rendered by those British officers who have served with the Indian Army since 1st July, 1946, and are continuing to serve with the Army of India or Pakistan, he will at once cause to be cancelled the ruling that officers promoted to higher substantive rank after 1st July, 1946, may not count towards pension entitlement paid acting or temporary service in that higher rank; and on what grounds such a ruling was published in July, 1947, with retroactive operation to July, 1946.

Mr. A. Henderson

As the hon. and gallant Member knows the pensions of the Indian Service are based upon the British codes. The rule which he refers to has been a feature of the British code since April, 1946. It has only recently come to notice that the rule was not applied to the Indian Service until last month. My noble Friend is in communication with the Viceroy on the point.

Brigadier Low

Does not the right hon. and learned Gentleman agree that it is entirely unfair to apply this rule to these officers who are prevented, not by then-own action but by Governmental action of one kind or another, from serving two years or more, and if the rule is enforced how does he think that he will obtain the required number of volunteers to stay in the India or Pakistan forces?

Mr. Henderson

That is the reason why my noble Friend is communicating with the Viceroy—because of the effect of this order not having been put into operation until a month ago. On the other hand, I would remind the hon. and gallant Gentleman that I have answered a number of Questions in past months in which hon. Members have sought to bring the British pension code into operation throughout the Indian services. In this case it operates against the officers concerned, and it is a little difficult to say that the Indian Army officers should take the smooth but not the rough.