KUALA LUMPUR – A retired civil servant has filed a judicial review against the Malaysian government to expedite pension adjustments.
Aminah Ahmad, who retired as a civil servant with the Foreign Ministry, filed the application today in her capacity and on behalf of 56 retired public servants through Messrs Shukor Baljit & Partners, naming the government and the Public Service Department (PSD) director-general as respondents.
She intends to seek a mandamus order to compel the respondents to expedite the pension adjustments to the qualifying amount following the formula contained in Sections 3 and 6 of the Pensions Adjustment Act 1980 (PAA 1980) before amendments were made under Sections 3 and 7 of the Pensions Adjustment Act (Amendment) 2013 (PAA 2013).
Aminah also seeks an order for the respondents to pay the pension arrears within 14 days, in addition to a declaratory order stating that the failure to pay violates the federal constitution.
Datuk Baljit Singh Sidhu, the counsel representing Aminah, confirmed the application when contacted.
Previously, on behalf of the 56 retired civil servants, Aminah filed a lawsuit against the government and the PSD director-general, alleging that the amendments to the PAA 2013 resulted in less favourable conditions for her compared to the retirement adjustment scheme under PAA 1980.
Under the old scheme, the retiree’s pension is revised based on the prevailing salary of incumbent civil servants in that grade. However, the 2013 amendment was introduced based on a flat rate of 2% annual increment.
Aminah initially lost her case at the high court in 2020. She then appealed to the Court of Appeal, which decided in her favour. The government and the PSD director-general obtained leave to appeal last year.
On June 27 last year, the Federal Court affirmed the Court of Appeal’s decision that declared the amended pension law as null and void, and the five-member bench also dismissed the appeal by the Malaysian government and PSD director-general to overturn the appellate court’s decision. – January 12, 2024