PETALING JAYA: A former civil servant has begun court action to compel the government to pay pensions based on a pre-2013 law reinstated by the Federal Court last year.
Former Wisma Putra officer Aminah Ahmad, representing 56 other retirees, has filed an application seeking leave for a judicial review of the government’s inaction to follow the Federal Court ruling.
They intend to seek a declaration that the non-payment of pension arrears is in violation of constitutional protection of equality under the law.
Aminah named the government and the director-general of public services as respondents in her application.
Under procedural rules Aminah must obtain leave of court before the merits of her case can be heard.
She wants the court to order the federal government to execute payments within 14 days of any ruling made in her favour.
Her lawyer, Shukor Ahmad, confirmed that the papers were filed in court today, following a letter of demand in October last year for immediate action by the government to revise pension payments in accordance with a Federal Court ruling.
The court, in an earlier suit brought by the retirees, had struck down a 2013 amendment to the Pensions Act which introduced a new pension adjustment scheme involving a fixed annual increment of 2%.
On June 27 last year, the Federal Court held that the 2013 amendment violated a constitutional provision on pensions, by putting retired civil servants in a less favourable situation than previously.
The Federal Court reinstated the original wording of Section 3 of the Act, which provided that revisions to the calculation of pensions were to be in line with salary adjustments of those still in service.
In her present application, Aminah said the government must obey the constitution and the Federal Court ruling. - FMT
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