Go for mediation, High Court tells former judges over pension increment suit

KUALA LUMPUR: The High Court has proposed that a group of former judges and their dependants seek mediation in a lawsuit over pension increment.

According to lawyer Christopher Leong, Justice Wan Ahmad Farid Wan Salleh had indicated to the parties to explore the possibility of mediation in the matter during case management here on Monday (Feb 14).

"We informed the court that we are amenable to exploring such a possibility," he said when contacted.

Leong said Federal Counsel M. Kogilambigai, who appeared for the defendants, informed the court that she would take instructions from her clients on the matter.

The case has been fixed for further case management on March 21.

On Jan 24, the group, comprising 28 retired judges of the High Court nationwide, the Court of Appeal and the Federal Court, and seven widows of deceased retired judges, filed the originating summons through Messrs Chooi & Company + Cheang & Ariff.

The judges include former Court of Appeal president Tan Sri Alauddin Mohd Sheriff, former chief judge of Malaya Tan Sri Siti Norma Yaakob, and former Court of Appeal judge Tan Sri Mohamad Ariff Md Yusof, who is also a former Dewan Rakyat Speaker.

They named the government, the Prime Minister, the Cabinet and the director-general of Public Service as the first, second, third and fourth defendants respectively.

The legal action arose from the plaintiffs' claim that the defendants had allegedly failed to give them an appropriate higher percentage of adjustment than the 2% annual increment to their pensions since 2015.

According to the court document, the plaintiffs were aggrieved by the anomalous and unconstitutional situation through the non-adjustment of their constitutionally-protected right to adjustment of their pensions, pursuant to Articles 125(7) and 125(9) of the Federal Constitution.

The adjustment of their pensions was provided for by Section 15B of the Judges' Remuneration Act 1971.