KUALA LUMPUR: A 100-year-old retiree will be getting about RM100,000 in backdated arrears after the High Court ruled that his pension had been miscalculated since 1980.
M. Alagan, a KTM Bhd retiree, had been erroneously categorised by the Public Service Department (PSD) under the D38 Grade (Crane Driver Low Carriage), which was a lower grade, that led him to being paid RM150 less each month.
High Court Judicial Commissioner Faizah Jamaluddin ordered PSD to pay the proper amount of pension together with arrears from July 1980 to Alagan.
She also ordered the PSD director-general and the government to pay RM50,000 in cost.
Alagan’s counsel M. Manoharan told reporters later that they managed to convince the judge that it had been wrong to categorise Alagan under the D38 Grade.
He said Alagan had been getting RM1,065 in monthly pension, adding that he should have been paid RM150 extra.
The court, he said, allowed Alagan’s application for an order to quash the PSD director-general’s decision in dismissing his client’s application for pension adjustment to be calculated based on the last drawn salary under D5 Grade (JKK) beginning July 1, 1980.
He said JC Faizah also granted the Mandamus order to direct the respondent to recalculate the pension based on his last drawn salary at RM510 under D5 Grade (Crane Driver Portal) beginning July 1, 1980 and pay the backdated due to his client.
In his affidavit, Alagan said he was a KTMB crane operator based in Port Klang between April 29, 1938 and March 4, 1971.
The applicant said he had been denied a fair treatment by the respondent (PSD) who dismissed his pension adjustment claim on grounds that there was a difference between crane driver (Portal) and crane driver (High Portal).