Retired judges, dependants sue Malaysia government, PM Ismail Sabri over pension increment: Reports
KUALA LUMPUR: A group of retired judges, including a former chief judge of Malaya, and their families have sued the Malaysian government and three others over their pension increment, Malaysian media reported.
Citing court document, the group of 28 retired judges and seven dependants of deceased judges said that the government had allegedly failed to give them the appropriate adjustment to their pension since 2015.
Among the group were former judges who had served in the Federal Court, the Court of Appeal, the High Court of Malaya and the High Court of Sabah and Sarawak.
The Star reported that the retired judges included former Court of Appeal president Alauddin Mohd Sheriff, former Chief Judge of Malaya Siti Norma Yaakob and former Court of Appeal judge and Speaker Mohamad Ariff Md Yusof.
They named the government, Prime Minister Ismail Sabri Yaakob, the Cabinet and the Public Service Department director-general as the first, second, third and fourth defendants respectively.
It was understood that the lawsuit was filed at the High Court by their respective law firms last week.
According to Free Malaysia Today, the Judges’ Remuneration (Amendment of First and Fifth Schedules) Regulations 2016 stipulated that the pension and other benefits of judges and judicial commissioners is adjusted annually by 2 per cent.
The plaintiffs want a declaration that this is in breach of Article 125(7) of the Federal Constitution, read with Article 125(9), and that their pension and benefits should be adjusted according to the current salaries and benefits of serving judges.
Article 125(7) states that the remuneration and other terms of office, including the pension rights of judges, shall not be altered to their disadvantage after appointment.
The plaintiffs also want the Malaysian king (the government) to repeal the Judges’ Remuneration (Amendment of First and Fifth Schedules) Regulations 2016 and put in new provisions on revising the pension of retired judges, FMT reported.
PLANTIFFS SEEKING PAYMENT OF ENTITLED AMOUNT SINCE JULY 2015
The group said that they had to seek legal redress as the government had refused to entertain their notice of demand sent in September last year.
Lawyers for the group said that no dates have been fixed for hearing yet.
According to Malay Mail, the plaintiffs are seeking a declaration that the defendants’ failure to prescribe the appropriate increment - of more than 2 per cent per annum - to their pension since July 1, 2015 had continuously altered the pension and other benefits to their disadvantage.
They are also seeking an order for the named defendants to pay each of the plaintiffs the amount entitled to since that date, Malay Mail reported.
