Varia Ranah - Sorotan Ilmiah Perkhidmatan Awam

572 Varia Ranah: Sorotan Ilmiah Perkhidmatan Awam Kedah and hold that into all contracts of service under the State must be read an implied term, well known to all public servants, that they hold office only during pleasure and are dismissible at will, without any right or recourse to suit for salary or pensions or for damages for wrongful dismissal. Public Service after Independence Federation of Malaya Agreement 1948 (“FMA 1948”) 19 also was used in the formation of public service. In specific, clause 9 of FMA 1948 states: “Subject to the provisions of any law for the time being in force in the Settlement, the High Commissioner may, in His Majesty's name and on His Majesty's behalf, constitute such offices, and appoint such officers for a Settlement as may lawfully be constituted or appointed by His Majesty and all such officers, unless it is otherwise provided by any law as aforesaid, shall hold their offices during His Majesty's pleasure”. 20 The FMA 1948 was amended in 1953 in relation to the powers of prescribing the Terms of Service, transfers instructions and disciplinary controls. Based on the recommendation of the Reid Commission Report by the Federation of Malaya Constitutional Conference 21 held in London in January and February 1956, 6 features were observed. Firstly, Public service is subject to ministerial instruction and government policy implementation, but civil servants can advise Ministers, without fear or favour, based on the merits of the case. Secondly, the promotion policy should be regulated in accordance with the principles set out fairly based on eligibility, experience, and merit. 19 https://www.parlimen.gov.my/maklumat-umum.html 20 http://www.agc.gov.my/agcportal/uploads/files/Publications/FC/BI 21 https://en.wikipedia.org/wiki/Reid_Commission Public Service in Laws of Malaysia: ▪ civil service at Federated Malay States and the Straits Settlements under "Malayan Civil Service" (FMS) manages the recruitment procedures, appointments, and placements, including the creation of the Malay Administrative Service; ▪ “…all such officers, unless it is otherwise provided by any law as aforesaid, shall hold their offices during His Majesty's pleasure” – Federation of Malaya Agreement 1948