IPOH, July 28 – Perak Pakatan Rakyat today filed an application at the High Court here seeking a judicial review on the State Secretary’s decision to terminate its party members from the state’s Public Services Commission (PSC) before their three-year tenures expired in 2012.
The papers were filed by lawyer A. Magesan of Sivanesan and Co on behalf of DAP member Ngoi Thiam Wah, who was a member of the commission.
Former state executive councillor for Human Resources A. Sivanesan said besides Ngoi, five other PR members in the commission had also been terminated.
“They will be filing their affidavits over the next few days,” he said.
Of the remaining five, one is from DAP, two from PAS and two from PKR.
In his application today, Ngoi, a former Kampar MP, is seeking for a certiorari order to declare null and void State Secretary Datuk Dr Abdul Rahman Hashim’s termination order, which was issued on June 30.
He is also seeking a mandamus order to either reinstate him as a commissioner in the PSC or for Abdul Rahman to compensate him with RM61,200 in damages.
Sivanesan said that Ngoi had been appointed a member in a letter signed by Abdul Rahman on Jan 1 this year. In the letter, Ngoi was invited to serve as a commissioner for a three-year term beginning March 1 this year until Dec 31, 2012. He was also promised a monthly allowance of RM1,700 and other benefits as enshrined under the Perak Public Services Commission Enactment 1959.
“However, after Barisan Nasional took over the Perak government, they decided to terminate all the PR members in the commission, even before their tenures expired,” he said, adding that none of the members had even paid their allowances.
Like the others, Ngoi received his termination letter on June 30. It was signed by Asri Saad from the state secretariat’s human resources division, on behalf of Abdul Rahman.
Sivanesan said that this was a huge error on BN’s part for it was a blatant breach of the terms of appointment.
“When we took over the government last March, we made it a point to keep the BN members on the panel because their terms were still running.
“Once their terms expired in December last year, we appointed new members from the PR to replace them,” he said.
Sivanesan also said that it was the duty of the state executive council to decide on the appointments of the PSC members, who are responsible for the hiring and firing of civil servants in the state government.
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