In this application, plaintiff is seeking a declaration that he was a permanent staff of the Government of Malaysia and is entitled to receive pension gratuity and medical benefits from 16.05.1975 to date of retirement.

After having heard submissions from both parties, this Court ruled that the plaintiff's application be dismissed with costs.

The Court arrived at that decision for the following reasons.

All the exercise of absorbing the temporary staff into permanent establishment via Circulars No.23/69, 26/72 and 1/73 is the result of the recommendation of the Royal Commission on the Revision of Salaries and Conditions of Service in the Public Services.

In all the above 3 circulars, other than stating the necessary requirements for the application, it is also clearly stated as follows:-

(i) that the number of temporary staff that would be absorbed into permanency would be subject to the number of posts available and that new posts would not be created just to enable; and

(ii) that those applicants who are successful in their applications and are absorbed into permanency still has to:-

(a) undergo and pass a health examination by a doctor;

(b) liable to undergo a probati