Lim Beng Choon J:

[1] In the present case the plaintiff alleged that the defendant was in breach of a contract of employment.

[2] From the evidence the following facts can be deduced. On or about June 1973 the Institute of Technology Mara ("ITM") was setting up a Branch Campus in Kota Kinabalu. The plaintiff applied to one Abdul Kadir bin Hassan ('DW1') who was in charge of the said Campus, for a post as warden and his application was accepted. The salary scale of the purported post of warden offered to the plaintiff was RM345 x 21 - 450/478 x 25- 578/615 x 25 - 715/738 x 25 - 813. I use the word "purported" to qualify the said post because at that time there was no such post of a warden. The plaintiff himself admitted in his evidence that the post of a warden was non-existing at the material time. Be that as it may the plaintiff commenced working as a "warden" on July 1973 in the Kota Kinabalu Campus. In his application (see Bundle D p 1) the plaintiff claimed that he had a Sijil Pelajaran Malaysia and an Overseas School Certificate Pangkat Kedua. He also claimed to be in possession of a Certificate issued by the Fakultas Bahasa dan Sastra Universitas Nasional Indonesia showing that he had passed pre-University tests in certain subjects in 1972 (see exhibit 'D1'). As a result of a general revision of the terms and conditions of government and statutory services under what is popularly known as the Harun Report, and the Cabinet Report respectively ITM issued Service Circular Bil. 1/1975 (see Bundle B pp 3 - 5). By that Circular the plaintiff was offered an adjustment of his salary from RM420 to RM640 and a regional allowance of RM128 per month. In that Circular the post held by the plaintiff was described as Penguasa Asrama (hostel superintendent). The date of appointment was stated to be 14 July 1973. The plaintiff claimed he accepted the offer under protest as the post of a warden was higher than the post of hostel superintendent. However there is no evidence that the plaintiff accepted the offer under protest. On the contrary he signed the acceptance form Borang H entitled Borang Pilihan Sendiri Perkhidmatan Bil. 1/ 1975 (see Bundle B pp 6 - 7). Again on 1 January 1976 ITM issued another Surat Pekeliling ITM Bil. 7 Tahun 1977 ("Service Circular 7/1977") (see Bundle B p 9). By that circular the plaintiff's salary was again adjusted from RM640 to RM720 per month. His post was once again described as hostel superintendent. Again the plaintiff accepted the new salary scale without protest. In 1978 the salary of the plaintiff was again further adjusted from RM720 to RM845 per month by Service Circular Bil. 1 of 1978 (see Bundle B pp 12 - 14). The post held by him was again described as hostel superintendent. The plaintiff likewise accepted the offer without any condition or protest notwithstanding that it was stated in the Circular that he could accept the offer under protest or make a conditional acceptance. I must mention that in his evidence the plaintiff did say he accepted the offer of adjustment of his salary under protest but he admitted that he did not indicate his protest in his letter of acceptance.

[3] Prior to the adjustments of the plaintiff's salary, the post of warden was created and an advertisement appeared in the New Straits Times on 30 August 1974 and again on 6 February 1975 (see Bundle D pp 8 and 10) inviting suitable candidates to apply for the post. The salary scale was given as A11-9 RM650 x 50 - 850/ 950 x 50 - 1150/1300 x 50 - 1500 - A11-2 RM1,600 x 75 - 1825. A candidate who wished to apply must either be in possession of a University degree or a member of the armed forces or police force holding the rank of a Captain or above.

[4] By reason of the aforesaid advertisements of the post of warden, the plaintiff naturally became more persistent in his claim to the said post on the ground that he was originally appointed to the post of a warden. On 7 February 1976 the plaintiff wrote a letter of compla