KUALA LUMPUR: The High Court here has fixed Jan 28 for its decision on a suit by a group of 19 individuals, comprising former members of the judiciary and widows of former judges, against the government and three others over alleged failure to provide an appropriate increase in their pensions and benefits since 2015.
Justice S. Indra Nehru fixed the date on Wednesday (Oct 21) after hearing submissions by counsel Christopher Leong, representing the plaintiffs, and Senior Federal Counsel Mohammad Sallehuddin Md Ali, who appeared for the defendants.
Sallehuddin submitted that the originating summons should be dismissed as the plaintiffs’ action had become academic, as there is no longer any actual controversy between them and the defendants that would affect the parties in any way.
Leong countered that the declaration sought could not be considered academic, as it would set a precedent for other retired judges affected by the same issue.
Previously, 36 individuals comprising former members of the judiciary and the widows of former judges were named as plaintiffs in the suit filed in January 2022.
However, 17 were removed as plaintiffs, including former chief judges of Malaya Tan Sri Siti Norma Yaakob (who passed away in March) and Tan Sri Haidar Mohamed Nor, as well as former Court of Appeal judge Tan Sri Mohamad Ariff Md Yusof, who is also a former Dewan Rakyat speaker.
In the suit, retired judges, including former Court of Appeal president Tan Sri Alauddin Mohd Sheriff, named the government, the Prime Minister, the Cabinet and the Public Service director-general as the first to fourth defendants.
The plaintiffs seek a declaration that failure to fix through a Government Gazette an appropriate increment of more than 2% in their pension and other benefits pursuant to Section 15B (2) of the Judges' Remuneration Act 1971 had violated Articles 125 (7) and 125 (9) of the Federal Constitution.
They are also seeking an order that the second or third defendant (the Prime Minister and Cabinet, respectively) shall advise the Yang di-Pertuan Agong to fix a higher increment of more than 2% annually on the pension and other benefits given to them, effective July 1, 2015, pursuant to Section 15B (2) of the Act.
The plaintiffs also said that pursuant to Section 15B of the Act, the pensions of retired judges and dependents of deceased judges were adjusted automatically based on the current salaries of serving judges, which are reviewed in stages from time to time, as required under Articles 125 (7) and 125 (9) of the Constitution. – Bernama
