PUTRAJAYA: The Court of Appeal has set May 6 this year to deliver its decision on an appeal by the government, Malaysian Armed Forces Council and two other parties, against a ruling that granted pension adjustments for Malaysian Armed Forces (MAF) retirees who retired before Jan 1, 2013.
Lawyer Mohamed Haniff Khatri Abdulla told Bernama that the date was scheduled following a case management session held today before Court of Appeal deputy registrar Mohd Syafiq Mustaza.
The proceedings were attended by Mohamed Haniff Khatri, who is representing 50 retired MAF pensioners and Federal Counsel M. Kogilambigai, who appeared for the government.
On Jan 21, the three-judge panel consisting of Justices Datuk Hashim Hamzah, Datuk Wong Kian Kheong and Datuk Ismail Brahim heard the appeal and reserved its decision.
The government, the Prime Minister, the Senior Defence Minister and the MAF Council appealed the High Court’s ruling in favour of the 50 retired MAF personnel who had sued them over pension adjustments for those who retired before Jan 1, 2013.
On Feb 5 last year, Judicial Commissioner Dr. Suzana Muhammad Said ruled that all MAF personnel who retired before Jan 1, 2013, are entitled to pension adjustments based on the rates and methods applicable to those who retired after that date.
She also ruled the government had violated Article 137 and/or Article 8 of the Malaysian Armed Forces Act 1972, by failing to make the necessary pension adjustments for MAF retirees who retired before Jan 1, 2013.
On Nov 17, 2022, fifty army personnel of various ranks, including major, lieutenant, staff sergeant, and private, filed an originating summons seeking a declaration that the government violated Article 137 or Article 8 of the Federal Constitution, read with Section 187 of the Malaysian Armed Forces Act 1972, by failing to implement a new pension adjustment for Armed Forces retirees who retired before Jan 1, 2013.
During the proceedings on Jan 21 this year, senior federal counsel Ahmad Hanir Hambaly @ Arwi, representing the government and three other parties, submitted that retired MAF personnel were not entitled to pension adjustments after 2012, as no salary revisions had been made until the recent introduction of the Public Service Remuneration System (SSPA) by the MADANI government.
He said there were five salary revisions from 2002 to 2012 during which the government had made adjustments to the MAF retirees’ pensions.
However, Mohamed Haniff contended that the government had failed to implement pension adjustments for all MAF retirees who left service before Jan 1, 2013.
He highlighted a significant pension gap between those who retired before and after that date.
