KUALA LUMPUR: The government has filed a notice of appeal against a High Court decision which allowed a judicial review of a pension increase for retirees.
Senior federal counsel Ahmad Hanir Hambaly @ Arwi, when contacted Friday (Jan 24), said the notice of appeal was filed on Thursday (Jan 23) at the Court of Appeal.
Lawyer Datuk Shukor Ahmad, representing retired civil servant Aminah Ahmad, confirmed the matter.
Aminah, who retired as a civil servant with the Foreign Affairs Ministry, filed the judicial review application on Jan 12 last year in her capacity and on behalf of 56 retired members of the public service.
On Jan 16 this year, High Court judge Justice Datuk Amarjeet Singh, when allowing the judicial review by Aminah, ordered the Public Services Department (PSD) and the government to pay the arrears within three months.
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Aminah had sought a mandamus order to compel the respondents to expedite pension adjustments to the qualifying amount following the formula contained in Sections 3 and 6 of the Pensions Adjustment Act 1980 before amendments were made under Sections 3 and 7 of the Pensions Adjustment Act (Amendment) 2013.
Under the old scheme, the retiree's pension is revised based on the prevailing salary of incumbent civil servants in that grade. However, the 2013 amendment was introduced based on a flat rate of 2% annual increment.
Aminah also sought an order for the respondents to pay the pension arrears within 14 days, in addition to a declaratory order stating that the failure to pay violates the Federal Constitution.
Justice Amarjeet ruled that the circular had the effect of making salary revisions for government servants; and under the Pensions Adjustment Act 1980, government retirees are entitled to pensions corresponding to the revision of their salary.
Aminah initially lost her case at the High Court in 2020. She then appealed to the Court of Appeal, which decided in her favour. The government and the PSD director-general obtained leave to appeal in 2022.
On June 27, 2023 the Federal Court affirmed the Court of Appeal's decision that declared the amended pension null and void, and the five-member bench also dismissed the appeal by the government and PSD director-general to overturn the appellate court's decision.
On Feb 29 last year, the court allowed Aminah to proceed with the judicial review after the Attorney General’s Chambers did not object to the application. – Bernama
