JUDGEMENT

Lee Hun Hoe J:

[1] In this case plaintiff brought an action against the Government of Sarawak by making the Attorney-General of Sarawak nominal defendant, claiming three declarations. They are as follows:-

"i. Declaration of court that the plaintiff is, and has always been, a member of Her Majesty's Overseas Civil Service with effect from the 1st day of December 1958.

ii. Declaration of court that the plaintiff is eligible for designation as a "designated officer" within the meaning of that phrase as defined in the Schedule to the Overseas Service Ordinance (No 15 of 1961).

iii. Declaration of court that it would be unlawful to refuse to the plaintiff benefits such as inducement pay payable to a member of Her Majesty's Overseas Civil Service."

[2] The statement of claim was filed on 27th August 1963. Defence and reply were filed on 2nd December 1963 and 9th December 1963 respectively. Certain documents were submitted as agreed bundle of documents.

[3] Plaintiff was born on 1st January 1926 in Bengal, India at Rangpur which is now part of Pakistan. He obtained his MBBS from Calcutta University in 1948. He then joined the RG Kar Medical College Hospital, Calcutta. From May 1950 to