A promotion on merit

1. By July 1926 my father was confirmed in Class III Kedah Malay Civil Service holding the post of Assistant Legal Adviser. Incidentally there had been disagreement over the designation of the appointment. The initial designation was Assistant to the Legal Adviser. In a letter to the British Adviser (Adviser) dated 24 May 1926, the L.A. at the time recommended that my father be confirmed in the appointment then described as Assistant to Legal Adviser Class III Malay Civil Service with effect from the date of the creation of the appointment i.e. 10 November 1923.

2. However, in the letter the L.A. suggested that the designation of the post be changed to “Office Assistant, Legal Adviser” giving his reason as follows:

In view of the fact that the duties of this appointment consist almost entirely of translation work with a little simple drafting I think “Office Assistant, Legal Adviser,” would be a more suitable title than “Assistant to the Legal Adviser” …

Thus the title of the appointment was changed to Office Assistant, Legal Adviser as of June 1926.

3. About five months later there would be a return to the status quo ante. The former L.A. was replaced by an Acting Legal Adviser who decided to ask that the appointment described as “Office Assistant, Legal Adviser” should in future be designated “Assistant to the Legal Adviser.” His proposal was made in a letter to the Adviser dated 2 April 1931 in which he stated his stand thus:

I do not consider the title of Office Assistant appropriate: an Office Assistant is usually an officer who supervises the work of the subordinates in an office: that of Mr. Merican is essentially collaboration with the Legal Adviser.

He went on to state that the Justice Mr. Kellagher* agreed with the proposal. Thus the appointment described as Office Assistant, Legal Adviser, had been designated “Assistant to Legal Adviser” with effect from 13 April 1931.

4. About two years after getting the original title of his appointment back, my father had applied for promotion to Class II of the Kedah Civil Service after being in the service for over 23 years. He was at the top of Class III then and had been drawing the maximum pay thereof for at least 13 months. In a letter to the Acting L.A. dated 6th July, 1933 he highlighted his application on merit:

Those officers of the Malayan Civil Service who have held the appointment of Legal Adviser and under whom I have served, have invariably appreciated my work.

As to my conduct and industry in the performance of my duties, I have no doubt that you and Mr. Justice Kellagher can testify to my devotion to duty and my sense of responsibility and I have reason to believe that I have given both of you entire satisfaction.

5. The Acting L.A. forwarded the application to the Kedah Government in a letter dated 19 July, 1933 in which he conveyed his recommendation as follows:

I recommend this application. Che Merican is an able and experienced officer and a quick and industrious worker whose work, during the time I have acted as Legal Adviser, has given every satisfaction. Mr. Justice Kellagher who had very considerable acquaintance with Che Merican’s work when he was Legal Adviser confirms my own opinion. I have reason to think that Che Merican’s very considerable knowledge of Kedah law has been of great use to many of my predecessors and the promotion he now seeks would be a fitting recognition of his long and useful service.

Subsequently my father was promoted to Class II as from 21 October, 1933.

*G.B. Kellagher from Bude, Cornwall was Legal Adviser, Kedah, acting European Judge, Kedah and then a Judge of the First Division of the High Court of Kedah. He had compiled a book, The Laws of the State of Kedah.