1934 Present: Garvin S.P.J, and Akbar J.

GOUL v. CONCECION.

265-D. C. Colombo, 51,740.

    Public Servants' Liabilities Ordinance-Salary-Meaning of term-Does not include allowances-Ordinance No. 2 of 1899, s. 3 (2).

The term "salary" in section 3 (2) of the Public Servants' Liabilities Ordinance means the regular remuneration received by a person in respect of his fixed appointment in the public service and does not include allowances that may be granted to him.

APPEAL from a judgment of the District Judge of Colombo.

Croos DaBrera, for the defendant, appellant.

Nadarajah (with him Wikramanayake) for the plaintiff, respondent.

July 12, 1934. GARVIN S.P.J,-

This was an action on a promissory note. The defendant is undoubtedly a public servant, and, quite apart from the other defences taken by him he has pleaded the benefit of the Public Servants' Liabilities Ordinance, No. 2 of 1899. The learned District Judge has, however, held that he

was not entitled to these benefits upon the ground that the protection afforded by the Ordinance is limited to public servants in receipt of a salary of less than Rs. 3,000 a year. In this the learned