Prime Minister Anwar Ibrahim, the federal government and two others are seeking to stay a Kuala Lumpur High Court ruling over the recalibration of pensions of army veterans who retired before Jan 1, 2013.
The premier and government, as well as the then senior defence minister Hishamuddin Hussein, and the Armed Forces Council, seek to suspend the Feb 5 civil court decision, pending the defendants’ appeal at the Court of Appeal to nullify the ruling.
Lawyer Mohamed Haniff Khatri Abdulla, acting for the 50 army veteran plaintiffs who initiated the class-action lawsuit on behalf of all army veterans in Malaysia, confirmed the appeal and stay application.
The counsel added that the High Court has set Sept 3 to hear the four defendants’ stay bid, pending disposal of the appeal.
On Feb 5, Bernama reported the High Court allowed the originating summons filed by 50 armed forces veterans.
Judicial commissioner Suzana Muhamad Said made the ruling after hearing the arguments of federal counsel M Kogilambigai, acting for the four defendants, and Haniff.
“After examining the arguments and affidavits of the parties involved, the court decided that the order for (pension adjustments) is allowed.
“Armed forces personnel who retired before Jan 1, 2013, have the right under the Federal Constitution to adjust their pensions according to the rates and methods set for all personnel who retired after Jan 1, 2013.
“Referring to Article 147 of the Federal Constitution, which provides protection for pension rights, I believe our country indeed values the services of those who have served the nation, and they deserve the rightful pension,” she said.
She added that the Armed Forces Council should formulate a new pension structure to adjust the pensions of retired personnel.
Constitutional violation
Fifty retired armed forces personnel of various ranks, encompassing major, lieutenant, staff sergeant and private, on Nov 17, 2022, filed the originating summons against the four defendants.
The plaintiffs are seeking a declaration that the defendants had violated the provisions under Article 137 or Article 8 of the Federal Constitution, read together with Section 187 of the Malaysian Armed Forces Act 1972, for their respective failures to implement a new pension adjustment for personnel who retired before Jan 1, 2013.
They also sought for all personnel who retired before Jan 1, 2013, to have their pensions adjusted according to the rates and methods applied to all of the personnel who retired after Jan 1, 2013, and to amend the Armed Forces Pensions, Gratuities and Other Benefits Regulations 1982 and include the provisions regarding the new adjustment as directed by the court.
The plaintiffs alleged that by not adjusting their pensions, the defendants contravened the fundamental rights guaranteed by Article 147 of the Federal Constitution, asserting that they have been adversely affected by it due to the significant disparity in pensions.
They contended this disparity denies their right to obtain the same pensions and pension increases enjoyed by other retirees, violating their fundamental rights under Article 8 of the Federal Constitution. - Mkini
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