Govt wins appeal over backdated pension to 103-year-old man

 

The Court of Appeal ruled that the High Court was wrong in allowing a judicial review against the PSD and the government over the dispute.

PUTRAJAYA: The Court of Appeal today allowed the government’s appeal against a High Court order to pay a 103-year-old civil servant his backdated pension.

A three-member bench chaired by Yaacob Md Sam said there was a serious misdirection by the High Court in allowing a judicial review against the director-general of the Public Service Department (PSD) and the government.

“There was an appealable error that warrants appellate intervention. The High Court order is set aside,” said Yaacob who sat with P Ravintharan and Darryl Goon Siew Chye in a virtual court proceeding.

The bench also set aside the RM50,000 in costs awarded by the High Court to Alagan Mayalagan.

On Dec 5, 2018, High Court Judge Faizah Jamaludin allowed Alagan’s legal challenge to quash the decision by the PSD and government that placed him on a lower grade, resulting in him getting a lower pension amount.

The judge then ordered the PSD to recalculate the amount due to Alagan and pay him the arrears.

Alagan, who is wheelchair-bound, was present in court in 2018 with his son, Deligannu who said his father was pleased with the court’s decision and believed that justice had been served.

“He (Alagan) is the oldest surviving KTM worker today,” Deligannu told FMT at the time.

M Manoharan.

His lawyer M Manoharan then said that Alagan, who is from Kota Kemuning, could get about RM100,000, which includes interest, in 38 years of backdated pension payment.

Alagan retired in 1971 after serving railway operator Keretapi Tanah Melayu (KTM) for 33 years as a crane driver.

Manoharan had said Alagan was receiving RM1,065 per month in monthly pension.

This RM1,065 amount is RM150 less than what he deserves to get based on his grade as a high portal crane driver.

The lawyer had said the government made adjustments in 1980 and had reduced Alagan’s grade which resulted in a legal challenge.

Senior Federal Counsel Liew Horng Bin appeared for the PSD and the government.

Alagan could still appeal to the Federal Court. - FMT