PUTRAJAYA: The Federal Court has set Nov 6 to hear an application by 50 retired Malaysian Armed Forces (MAF) personnel seeking leave to appeal a Court of Appeal ruling on pension adjustments.
Lawyer Mohamed Hanif Khatri Abdulla, representing the retirees, said the date was fixed by Federal Court deputy registrar Husna Dzulkifly during a case management session that began on Aug 4 and concluded on Tuesday (Aug 12) via e-Review.
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"The hearing will be conducted virtually,” he said, adding that a final case management is scheduled for Oct 25 to update the court on the status of cause papers and written submissions.
On June 4, a three-judge Court of Appeal panel overturned the High Court’s ruling that entitled MAF retirees who left service before Jan 1, 2013, to pension adjustments matching those granted to retirees after that date.
The appellate bench had allowed the appeal filed by the respondents, namely the government, Prime Minister, the then Senior Defence Minister and MAF Council.
The Court of Appeal ruled that the retirees failed to prove that the respondents had breached the Federal Constitution.
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Subsequently, the retirees filed an application on July 3 seeking leave to appeal to the Federal Court.
In their application, they sought the determination of two questions of law related to the pension adjustment issue.
Fifty army personnel of various ranks, including majors, lieutenants, staff sergeants, and privates, filed an originating summons in the High Court on Nov 17, 2022.
They sought a declaration that the government violated the Federal Constitution and Section 187 of the Malaysian Armed Forces Act 1972 by failing to implement new pension adjustments for retirees who left service before Jan 1, 2013.
The retirees contended that the government’s failure created a significant pension gap between those who retired before and after that date. – Bernama
