JUDGMENT

Ahmad Kamal Md Shahid JCA:

Introduction

[1] This is an appeal against the judgment of the learned High Court Judge (HCJ) dated 22 March 2023 in dismissing the claim by Mustapha Kamil Abdullah (the Plaintiff) with costs of RM2,000.00 to the Ketua Pegawai Eksekutif Perbadanan Pengurusan Sisa Pepejal Dan Pembersihan Awam and Perbadanan Pengurusan Sisa Pepejal Dan Pembersihan Awam (collectively referred to as the Defendants)

[2] Having heard the appeal, examined the appeal records, and considered the submissions by parties, we unanimously decided to affirm the decision of the learned HCJ and therefore, dismiss the appeal, for the reasons which are set out herein

Background Facts

[3] In 2016, the Plaintiff was an auditor employed at Grade W44 in the National Audit Department (NAD). He was seconded to Perbadanan Pengurusan Sisa Pepejal Dan Pembersihan Awam (the 2nd Defendant) for a period of two (2) years with effect from 2 June 2014 to 1 June 2016, on a higher grade, ie, Grade W48. Upon the expiry of his secondment period, he received an extension from 2 June 2016 to 1 June 2018 to serve in the 2nd Defendant.

[4] On 1 July 2017, he applied to be transferred as a permanent officer of