Govt softens stance, to discuss pensions dispute with ex-judges

Govt softens stance, to discuss pensions dispute with ex-judges

Senior federal counsel asks for more time to resolve suit by 28 former judges and seven widows of former judges.

The 28 former judges and seven dependents want their pensions based on the salaries of current judges. (Reuters pic)
KUALA LUMPUR:
The government has agreed to explore the possibility of settling a suit over pensions filed by a group of retired judges and dependents.

Senior federal counsel Shamsul Bolhassan said he had asked the court for more time to seek a resolution.

“The government is amenable to entering, without prejudice, into discussions with the plaintiffs to see if the matter can possibly be resolved,” Shamsul said after case management before judge Wan Ahmad Farid Wan Salleh today.

The plaintiffs said they had sought legal redress as the government, named as defendant, had refused to entertain their notice of demand sent in September last year.

Shamsul, who was assisted by senior federal counsel M Kogilambigai, said the judge had fixed another case management for July 14 for parties to report on progress made.

FMT understands that any settlement needs Cabinet approval as it involves monetary compensation.

Lawyer Christopher Leong, a member of the legal team representing the 28 former judges and seven widows of former judges seeking pension adjustments, confirmed the outcome of today’s case management.

Lawyers Abdullah Abdul Rahman and Derrick Moh also appeared for the plaintiffs.

In the last case management in March, the government lawyers had said they would come back to inform the court whether the government was willing to discuss the matter with the former judges

Early this year, the plaintiffs filed a suit seeking a declaration that their pensions should be adjusted annually, based on the salaries of current judges.

The problem arose when the government made a salary revision in 2015 for judges, providing a higher pension plus a 2% annual increment for those who retired after the amendment.

However, those who retired before 2015 continued to receive pensions based on their old salaries plus a 2% annual rise.

The plaintiffs want a declaration that the amendment is in breach of a constitutional provision that judges’ remuneration and other terms of office, including pension rights, should not be altered to their disadvantage after appointment.

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