KUALA LUMPUR – Some 35 litigants comprising retired judges and their dependants are dragging the government to court for better pension increments, among others.
Following an originating summons obtained by The Vibes, the litigants seek various declarations from the high court here.
One of the declarations sought includes increasing judges’ pension increments to more than the current 2% rate.
They added that the current pension schemes for the litigants violate Article 125(7) and Article 125(9) of the federal constitution, which says that a judge should not have their remuneration or pension altered to their advantage after appointment.
Meanwhile, the litigants also point towards Section 15B(2) of the Judges Remuneration Act 1971 which says “... the Yang di-Pertuan Agong can, through an order in the gazette, determine a higher and more suitable increment rate”.
The litigants assert that the word “can” should be read as “should” and that the section in question is a mandatory provision.
“(The plaintiffs seek) an order for the prime minister and cabinet to advise the Agong to declare in a gazette a higher increment rate than 2% annually towards the pension or other benefits, which are given to each plaintiff pursuant to Section 15B of the Judges Remuneration Act 1971,” the originating summons read.
The litigants also demand the government pay each plaintiff monies owed to them since July 1, 2015, at a rate higher than 2%.
“Section 15B was amended with the amendments coming into force with retrospective effect from January 1, 2014.
“The current section provides that the pensions for retired judges are paid each year with a 2% increase.
“In the previous Section 15V, pensions for the plaintiffs were implemented automatically to match the salary increments for judges which are still serving,” the originating summons read. – The Vibes, January 26, 2022
