KUALA LUMPUR, Jan 24 (Bernama) -- The government has filed a notice of appeal against a High Court’s decision which allowed a judicial review regarding a pension increase for retirees based on their final salary according to the 2016 Public Services Department Circular, effective January 2022.
Senior federal counsel Ahmad Hanir Hambaly @ Arwi, when contacted today, said the notice of appeal was filed yesterday (Jan 23) at the Court of Appeal.
Meanwhile, lawyer Datuk Shukor Ahmad, representing retired civil servant, Aminah Ahmad, when contacted, confirmed the matter.
Aminah who retired as a civil servant with the Ministry of Foreign Affairs, filed the judicial review application on Jan 12 last year in her capacity and on behalf of 56 retired members of the public service.
Last Jan 16, High Court judge 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.
Aminah had sought a mandamus order to compel the respondents to expedite the pension adjustments to the qualifying amount following the formula contained in Sections 3 and 6 of the Pensions Adjustment Act 1980 (PAA 1980) before amendments were made under Sections 3 and 7 of the Pensions Adjustment Act (Amendment) 2013 (PAA 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 two per cent 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.
Judge Amarjeet in his judgment ruled that the circular had the effect of making salary revisions for government servants and under the Pensions Adjustment Act 1980, government pensioners 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 the woman to proceed with the judicial review after the Attorney-General’s Chambers did not object to the application.
-- BERNAMA
