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Discharge by virtue of the coming into operation of the Constitution.
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2.—If and in so far as the coming into operation of the Constitution effected a discharge of any public servant from the service of Saorstát Eireann or of the Government thereof, the following provisions shall apply and have effect, that is to say:—
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(a) every public servant who was discharged from the service of Saorstát Eireann or of the Government thereof by the coming into operation of the Constitution shall be deemed for all purposes to have been appointed, immediately upon the coming into operation of the Constitution, to a position or employment in the service of the State or of the Government identical in all respects with his position or employment, immediately before the coming into operation of the Constitution, in the service from which he was so discharged;
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(b) every such appointment of a public servant shall be, and be deemed always to have been, an appointment on the same terms and conditions (including conditions as to remuneration) and by the same tenure as were applicable, immediately before his said discharge, to his position or employment in the service from which he was so discharged;
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(c) every public servant who was so discharged as aforesaid shall be entitled to reckon for all purposes any period of service expiring on his said discharge and any period of service beginning on his said appointment as one continuous period of service;
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(d) in the case of any public servant who is a transferred officer (other than a transferred officer to whom this Act is expressed not to apply) and was so discharged as aforesaid, his said discharge shall not be or ever have been such discharge as would be a ground for an award of compensation by the Board.
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