War service to count for pension purposes

Where an officer has served with Her Majesty’s Forces in time of war, with the approval of the Governor of the territory in the service of which he was last employed before so serving or of the Secretary of State, the following provisions shall have effect, (i) during the period of such service in Her Majesty’s Forces including any period after the termination of the war (in this section referred to as “military service”) he shall be deemed for the purposes of this Act to have been on leave on full salary from the public 31 in he was last employed and to have held the substantive office last held by him in that service prior to military service; (ii) during any period between his leaving the public service for the purpose of serving in Her Majesty’s Forces and the date of his commencing military service he shall, for the purposes of this Act, be deemed to be on leave without pay, not granted on grounds of public policy, from the public service in which he was last employed and to have held the substantive office last held by him in that service prior to military service and during any period between the termination of his military service and the date of his re- entering the public service he shall, for the said purposes, be deemed to be on leave as aforesaid from the and to have held the substantive office in which he is re- employed, Provided that, (a) this section shall not apply when either period mentioned in paragraph (ii) exceeds three months or such longer period as the Governor-General may in any special case determine or if the officer fails, after serving with Her Majesty’s Forces, to re-enter the otherwise than in circumstances in which he would be permitted under the law applicable to the public service in which he is last employed 32 prior to military service to retire on pension or gratuity, such circumstances arising not later than the expiration of three months or such longer period as may be determined as aforesaid after the termination of his military (b) if during any period mentioned in paragraph (i) the officer has qualified for pension or received emoluments in lieu of pension rights, actually in respect of military service, paragraph (i) shall, as respects that period, have effect as if the words “leave without salary not granted on grounds of public policy” were substituted for the words ‘leave on full salary’; (c) if during his military service the officer is injured or killed, he shall not for the purposes of this Act be deemed to have been injured or killed in the discharge of his duty; (d) the provisions of this section which require that the officer shall be deemed to have held a specified office and to have been on leave from a specified service shall not apply in respect of any period during which he shall actually have held any other substantive office and have been on leave from any (e) save where in any particular case the Governor- General otherwise directs, this section shall not apply where the office in the public service last held by the officer prior to military service was not a pensionable office.