The Court of Appeal in Malaysia has set May 6th as the date for its decision regarding an appeal concerning pension adjustments for retired Malaysian Armed Forces (ATM) personnel who retired before January 1, 2013. The case involves 50 ATM retirees who are seeking pension adjustments in line with those given to retirees who retired after the specified date. The government and other parties appealed against a High Court ruling that favored the retirees, arguing that there was no salary review prior to the recent introduction of the new Public Service Remuneration System (SSPA). The court will now deliberate on the arguments presented by both sides before delivering its final verdict on the matter.
The Court of Appeal has set May 6th as the date for its decision regarding an appeal by the Government, the Malaysian Armed Forces Council, and two other parties concerning a ruling in favor of pension adjustments for retired Malaysian Armed Forces (ATM) personnel who retired before January 1, 2013. Lawyer Mohamed Haniff Khatri Abdulla informed Bernama about the date following a case management session today before Deputy Registrar of the Court of Appeal Mohd Syafiq Mustaza.
During the session, Mohamed Haniff Khatri represented 50 ATM retirees, while Deputy Public Prosecutor M. Kogilambigai represented the government. On January 21st, a three-judge panel of the Court of Appeal, comprising Judges Datuk Hashim Hamzah, Datuk Wong Kian Kheong, and Datuk Ismail Brahim, heard the appeal and adjourned their decision. The government, Prime Minister, Minister of Defence, and Malaysian Armed Forces Council appealed against a High Court ruling that favored 50 ATM retirees who sued them regarding pension adjustments for retirees who retired before January 1, 2013. On February 5th last year, High Court Commissioner Dr Suzana Muhammad Said ruled that all ATM retirees who retired before January 1, 2013, were entitled to pension adjustments according to the rate and method used for retirees who retired after that date. She also ruled that the government had violated provisions under Article 137 and/or Article 8 of the Malaysian Armed Forces Act 1972 because it failed to make the appropriate pension adjustments for ATM retirees who retired before January 1, 2013. 50 military personnel from various ranks, including majors, lieutenants, staff sergeants, and corporals, filed a writ of summons on November 17, 2022, to obtain a declaration that the government had violated provisions under Article 137 or Article 8 of the Federal Constitution, read together with Section 187 of the Malaysian Armed Forces Act 1972, for failing to implement new pension adjustments for ATM retirees who retired before January 1, 2013. During proceedings on January 21st this year, Senior Federal Counsel Ahmad Hanir Hambaly@Arwi, representing the government and three other parties, argued that ATM retirees were not entitled to pension adjustments after 2012 because there was no salary review until the MADANI government introduced the new Public Service Remuneration System (SSPA) recently. He said there were five salary reviews from 2002 to 2012 and the government had made adjustments to the pensions of ATM retirees. However, Mohamed Haniff said the government had failed to implement new pension adjustments for all ATM retirees who retired before January 1, 2013. He stated that there was a significant pension gap between ATM retirees who retired before January 1, 2013, and those who retired after that date
PENSION ADJUSTMENTS COURT OF APPEAL MALAYSIAN ARMED FORCES RETIREMENT LEGAL CASE
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