Jul 28, 2009 By CLARA CHOOI
IPOH: The Perak Pakatan Rakyat has filed an application seeking a judicial review of the termination of its representative in the state's Public Services Commission (PSC) before his three-year term expired.
The affidavit for the representative, former Kampar MP and DAP member Ngoi Thiam Wah, was filed by counsel A. Magesan from legal firm A. Sivanesan and Co at the High Court here Tuesday.
Former exco member and lawyer A. Sivanesan said that affidavits for another five representatives, who were also terminated, would be filed over the week.
The five comprise of another DAP member, two from PAS and two from the PKR.
In his application, Ngoi is seeking for an order of certiorari to quash the termination notice issued by State Secretary Datuk Dr Abdul Rahman Hashim, which was made effective on June 30 this year.
He is also seeking a mandamus order to reinstate him as a commissioner or alternatively, for the State Secretary to pay him a compensation of RM61,200 as damages for his termination.
In his affidavit, Ngoi said that he was offered a post as a commissioner in the state's PSC via a letter from Dr Abdul Rahman dated Jan 1 this year.
The latter informed Ngoi that he was to assume duty for a three-year period beginning March 1 this year until Dec 31, 2012, and be paid a monthly allowance of RM1,700.
"He was also promised other benefits under Schedule 3 of the Public Services Commission Enactment 1959.
"However, he was not paid a single sen since his tenure commenced in March," said Sivanesan.
Sivanesan said that Ngoi later received the termination letter informing him, without providing a reason, that his services were terminated after June 30.
The letter was signed by one Asri Saad from the state's human resources division on behalf of Dr Abdul Rahman.
Sivanesan said that the Barisan government had committed a breach of contract by not adhering to the terms of Ngoi's appointment.
"Furthermore, when we (Pakatan) took over the government last year (2008), we never terminated the Barisan's commissioners in the PSC because we knew their terms had not yet expired.
"Only once when their terms expired in Dec 31, 2008, did we appoint our own commissioners to replace them," he said.
He added that the decision to appoint commissioners was the prerogative of the state executive council.
Commissioners in the PSC are responsible for the hiring and firing of civil servants in the state government.