Judgment in test case reserved

Judge Elizabeth Dunne has reserved judgment following a three-day hearing in Dublin Circuit Civil Court of a "landmark" case …

Judge Elizabeth Dunne has reserved judgment following a three-day hearing in Dublin Circuit Civil Court of a "landmark" case effecting pension entitlements of more than 100 retired medical consultants.

Mr Sean Baker, former consultant surgeon at Bantry General Hospital, sued the Southern Health Board and the Minister for Health for £30,000, claiming his contract of employment entitled him to a pension equal to half of the salary of his successor in the post of consultant surgeon.

Mr Baker, of Carukeal, Bantry, Co Cork, who took the test case, claimed the defendants had decided in 1991 to "fix" his pension at less than the agreed 50 per cent of his successor's salary - allegedly contrary to his contractual rights.

A decision in favour of Mr Baker could cost the State up to £20 million in retrospective and future pension payments and costs. Awaiting the outcome, the remaining 103 retired consultants have postponed a decision on taking their own claims in the High Court.