Govt wins appeal, High Court order compelling pension adjustment set aside

 The Court of Appeal rules a judicial review application brought by 57 pensioners in 2024 was res judicata and an abuse of court process.

The Court of Appeal has overturned a ruling which would have compelled the government to pay RM1.7 billion in pension arrears to 531,976 retirees, as previously ordered by the High Court.

PUTRAJAYA:

 The Court of Appeal has overturned a High Court ruling that had compelled the government to adjust the pensions of former civil servants under a 2016 service circular.

Justice Azhahari Kamal Ramli, delivering the unanimous decision of the three‑member bench, said the pension adjustment issue had already been settled by a previous Court of Appeal ruling in 2022.

The bench further clarified that today’s ruling applies only to Aminah Ahmad and 56 others, the respondents in the current case.

Azhahari said the respondents’ judicial review application was res judicata and an abuse of process.

Also on the bench were Justices Lim Chong Fong, its chairman, and Meor Hashimi Abdul Hamid.

Aminah Ahmad, who retired after serving the foreign ministry, filed a judicial review application on Jan 12, 2024 in her personal capacity and on behalf of 56 retired members of the public service.

Following today’s decision, the government is no longer required to pay RM1.7 billion in pension arrears to 531,976 retirees, as previously ordered by the High Court. - FMT

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