Oct 2 hearing for ex-civil servant’s bid to press govt for pension adjustment

Oct 2 hearing for ex-civil servant’s bid to press govt for pension adjustment

Aminah Ahmad is seeking a mandamus order to compel the respondents to expedite the pension adjustments based on prevailing salary.

kl high court
The Kuala Lumpur High Court will hear Aminah Ahmad’s application to compel the government to pay pensions based on prevailing salary, with written submissions due by the end of July.
KUALA LUMPUR:
The High Court has set Oct 2 to hear a retired civil servant’s judicial review application to compel the government to expedite pension adjustments.

Lawyer Baljit Singh Sidhu, representing Aminah Ahmad, who retired as a civil servant with the foreign ministry, said the court set the date during an online case management session before deputy registrar Firdaus Sidqi Sharil Azli.

“The court also directed the respondents (the government and the director-general of the public services department) to file their affidavit in reply before or on July 10, and for Aminah to file her counter affidavit before or on July 31.

“The court also set the next case management on Aug 6,” the lawyer said.

On Feb 29, the High Court here allowed Aminah to proceed with the judicial review after the Attorney-General’s Chambers (AGC) raised no objection.

Aminah filed the application on Jan 12 in her personal capacity and on behalf of 56 retired civil servants, naming the government and the director-general of the public services department as respondents.

She is seeking 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 before amendments were made under Sections 3 and 7 of the Pensions Adjustment Act (Amendment) 2013.

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. The Court of Appeal later overturned this decision.

On June 27 last year, a five-member Federal Court bench upheld the Court of Appeal’s decision, which declared the amended pension law null and void.

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