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 August 1955 he served as a medical officer in the Indian Army Medical Corps with the rank of Captain. Soon after leaving the army he went to England in the later part of 1955 for post graduate medical studies. He obtained the following additional professional qualifications:-

DPH, DIH, and DTM & H.

[4] In March 1958 he served as a senior house officer in the General Hospital, Rochford, Essex. While he was working in this hospital he saw an advertisement in the British Medical Journal for a post of medical officer in Sarawak. Subsequently he sent in his application for the post. He was interviewd by the Medical Appointments Committee on 27th March 1958. Following this interview he wrote to the Director of Recruitment Colonial Office requesting that further communication be sent to him at an address in Calcutta where he would be going. The address given was that of his father-in-law with whom plaintiff's wife had been staying while plaintiff was in England.

[5] By a letter dated 2nd May 1958 plaintiff was informed that he had been provisionally selected for appointment as medical officer, Sarawak and that a formal letter of appointment would soon be sent to him. Eventually a letter dated 12th June 1958 was sent to him offering him an appointment on probation for three years as medical officer, Sarawak at a salary of $1,155 a month in view of his professional experience and qualifications in what was then Division II (now Division I) Salary Scale A for medical officers. This salary scale is $870/930 15 - 1050/1085 35 - 1260/BAR/1300 40 - 1420. He was informed that in addition to his basic salary, allowances would be payable at the rates shown in the memorandum which was enclosed in the letter.

[6] Para 1 to 8 of the memorandum read:-

"1. Appointment

The probationary period is three years from the date of arrival in Sarawak. On completion of this period an officer is eligible, provided that he has passed the examinations prescribed by local regulations, for confirmation in his appointment.

2. Half salary will be payable for the period of the voyage from the country of engagement to Sarawak on first appointment. For purposes of exchange with sterling one Sarawak dollar equals 2s 4d.

3. Allowances

(i) Education Allowance Married officers' dependent children may receive an allowance in respect of the expense to them of educating their children, up to a maximum of two in number, outside the colony. The allowance would be payable at $100 a month for children between the ages of 5 and 17 years.

(ii) Child Allowance Married officers with one or more dependent children will receive an allowance at the rate of 7 % of salary with a maximum of $100 a month. The allowance will be payable in respect of a child or children under the age of 16 years only; provided that if the c