Varia Ranah - Sorotan Ilmiah Perkhidmatan Awam

574 Varia Ranah: Sorotan Ilmiah Perkhidmatan Awam Public Service within the Government, Government Prerogative in Public Service and Government Sovereignty In a decided case in Malaysia 22 , “ It is true that the origin of Government service is contractual. There is an offer and acceptance in every case. But once appointed to his post or office the Government servant acquires a status and his rights and obligations are no longer determined by consent of both parties, but by statute or statutory rules which may be framed and altered unilaterally by Government . The hall-mark of status is the attachment to a legal relationship of rights and duties imposed by the public law and not by mere agreement of the parties.” In another similar decided case 23 “…… the pleasure of the Yang di- Pertuan Agong not only applies to tenure of office of an employee but also extends to a multitude of subject matters such as appointments, promotions, transfers, salaries, leaves and other benefits. These are all being regulated by civil service rules known as Perintah-Perintah Am made by the Yang di-Pertuan Agong under Clause 2 and [sic: clause (2) of) Article 132, and also various circulars , [and] instructions issued from time to time by appropriate authorities in the Government .” And finally, a case 24 “The argument that Government cannot unilaterally amend the conditions of service of a person in the public service of a State by administrative rules and regulations overlooks and negates the tenure at pleasure laid down in Art 132(2A) of the Constitution. In my view, the rules and 22 Case of Government of Malaysia v. Rosalind Oh Lee Pek Inn [1973] 1 LNS 38] 23 Tun Salleh Abbas dalam kes Pengarah Pelajaran, Wilayah Persekutuan v Loot Ting Yee [1982] 1 MW 68 24 Rajion Bin Haji Sulaiman V. Government of Kelantan [1975] “…… the pleasure of the Yang di- Pertuan Agong not only applies to tenure of office of an employee but also extends to a multitude of subject matters such as appointments, promotions, transfers, salaries, leaves and other benefits