KUALA LUMPUR: The High Court dismissed an originating summons filed by a retired navy personnel against the government concerning pension adjustments for Malaysian Armed Forces retirees who retired before January 1, 2013.
Judge Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan ruled that pension adjustments for plaintiff Rafique Ali Ahmad Nordin were properly executed under the Pensions Regulations 1982.
Rafique Ali filed the summons on behalf of 3,210 other former MAF personnel on April 11 this year against the MAF Council, Defence Ministry and Malaysian Government.
The plaintiffs sought declarations that the defendants’ pension payments were wrongful and violated Article 147 of the Federal Constitution.
Judge Raja Ahmad Mohzanuddin stated the court could not agree that pensions should adjust with every new government-issued salary scale.
He explained that salary scales not resulting from government salary revisions would not trigger pension adjustments under Regulation 51 of the Pensions Regulations 1982.
The judge agreed with defendants that referenced salary schedules from 2004, 2013 and 2016 resulted from amendments to MAF terms of service rather than salary revisions.
He clarified these rules apply only to currently serving MAF members who accept appointment changes under new service terms.
Judge Raja Ahmad Mohzanuddin consequently dismissed the originating summons despite acknowledging the plaintiffs’ serious intent to enforce their rights.
He made no order regarding costs in recognition of the pensioners’ national contributions and non-frivolous legal action.
The judge also dismissed the government’s application to strike out the suit entirely.
Plaintiff’s counsel Datuk Dr Shukor Ahmad and Datuk Baljit Singh Sidhu confirmed they will appeal today’s decision.
Senior Federal Counsel Nurhafizza Azizan and Federal Counsel Mohammad Sallehuddin Md Ali represented the defendants in the proceedings. – Bernama
