DR THOMAS SAMUEL v. PERTUBUHAN KESELAMATAN SOSIAL (PERKESO) & ANOR

[2024] 1 MLRA 536
Court of Appeal, Putrajaya
Supang Lian, Gunalan Muniandy, Azizul Azmi Adnan JJCA
[Civil Appeal No: W-01(A)-681-11-2021]
Supang Lian, Gunalan Muniandy, Azizul Azmi Adnan JJCA

JUDGMENT

Gunalan Muniandy JCA:

Introduction

[1] The Appellant's appeal is against the decision of the learned Judge of the High Court ['LJ'] dated 12 November 2021 dismissing the Appellant's Judicial Review Application.

Background Facts

[2] By a letter of offer of employment dated 20 January 2012, the 1st Respondent offered the Appellant a position as "Pegawai Perubatan Gred 27" in the organization ['PERKESO'].

[3] By a letter of acceptance dated 30 January 2012, the Appellant accepted the said offer. Effective 2 February 2012, the Appellant held the position of a "Pegawai Perubatan Gred 27".

[4] By letter dated 30 September 2014, the 1st Respondent wrote to the Appellant to confirm his position as a "Pegawai Perubatan Gred 27". The Appellant's confirmation was backdated to be effective from 2 February 2013.

[5] By letter dated 11 January 2017, the Appellant wrote to the 1st Respondent to apply for study leave (without pay) from 20 February 2017 until July 2019 to pursue a Master of Social Sciences degree at Waikato University Hamilton, New Zealand.

[6] By a memorandum ['memo'] dated 13 February 2017, the 1st Respondent informed the Appellant that his application for study leave (without pay) from 20 February 2017 until 31 July 2019 was not approved

[7] By letter dated 14 March 2017, the Appellant wrote to appeal to the 1st Respondent against the non-approval of his application for study leave (without pay). The Appellant informed the 1st Respondent that he had obtained a deferment of the said course which would then begin from 3 July 2017 to 31 December 2019.

[8] By a memo dated 22 March 2017, the 1st Respondent informed the Appellant that it was unable to consider the Appellant's appeal.

[9] By a further letter dated 14 September 2017, the Appellant wrote to the 1st Respondent to reconsider his appeal against the non-approval of his application for study leave (without pay). The Appellant informed the 1st Respondent that he had obtained a further deferment of the said course to begin from 19 February 2018 until 31 August 2020.

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