In their application for leave to appeal, the group said they have framed 24 questions involving novel constitutional and legal issues of public importance, which they said are being raised before the Federal Court for the first time.
Aminah Ahmad, a former foreign ministry officer, has filed an affidavit in support of the application.
Their lawyer, Abdul Shukor Ahmad, said the application was filed last week and that copies of the cause papers have been served on the Attorney-General’s Chambers.
“They have also filed a certificate of urgency to have the matter heard expeditiously,” he told FMT.
On March 9, Justice Azhahari Kamal Ramli, delivering the unanimous decision of a three-member Court of Appeal bench, allowed the government’s appeal to set aside a High Court ruling that had compelled it to adjust the pensions of former civil servants under a 2016 service circular.
Azhahari said the issue had already been settled by a previous Court of Appeal ruling in 2022.
He said the judicial review filed by the 57 applicants was “res judicata” (a matter that had been adjudicated by a competent court and therefore may not be pursued further by the same parties) and constituted an abuse of the court process.
However, the bench, chaired by Justice Lim Chong Fong and also comprising Justice Meor Hashimi Abdul Hamid, clarified that the ruling applied only to the 57 respondents in the earlier case.
In its 2022 decision, the Court of Appeal annulled amendments made to the Pension Adjustment Act 1980 (PAA) in 2013, which introduced a flat 2% annual increment for retirees.
The court held that the 2013 amendments were unconstitutional as they placed civil service retirees in a less favourable position, contrary to Article 147 of the Federal Constitution.
Aminah and the other applicants subsequently filed the present judicial review, seeking a High Court order to compel the government to adjust their pensions based on the pre-2013 formula under the PAA.
Under the pre-2013 formula, pensions were revised in line with salary adjustments for serving civil servants.
In January 2023, the High Court allowed the application, leading to the present appeal. However, the order was stayed pending the outcome of the appeal.