KUALA LUMPUR: The High Court today allowed the originating summons filed by 50 retired armed forces personnel against the government, the Malaysian Armed Forces Council and two other parties regarding pension adjustments for those who retired before Jan 1, 2013.
Judicial Commissioner Suzana Muhamad Said made the ruling after hearing the arguments of Federal Counsel M. Kogilambigai, representing the four defendants and lawyer Mohamed Haniff Khatri Abdulla, appearing for all plaintiffs.
"After examining the arguments and affidavits of the parties involved, the court decided that the order for (pension adjustments) is allowed.
"MAF (armed forces) retirees who retired before Jan 1, 2013, have the right under the Federal Constitution to adjust their pensions according to the rates and methods set for all MAF retirees who retired after Jan 1, 2013.
"Referring to Article 147 of the Federal Constitution, which provides protection for pension rights, I believe our country indeed values the services of those who have served the nation, and they deserve the rightful pension," she said, adding that the Malaysian Armed Forces Council should formulate a new pension structure to adjust the pensions of retired MAF personnel.
Fifty retired MAF personnel of various ranks, including major, lieutenant, staff sergeant and private, filed the originating summons on Nov 17, 2022, naming the government, the Prime Minister, the Senior Defence Minister and the Malaysian Armed Forces Council as defendants.
The plaintiffs sought a declaration that all defendants had violated the provisions under Article 137 or Article 8 of the Federal Constitution read together with Section 187 of the Malaysian Armed Forces Act 1972 for their respective failures to implement a new pension adjustment for MAF retires who retired before Jan 1, 2013.
They also requested all MAF retirees who retired before Jan 1, 2013, have their pensions adjusted according to the rates and methods applied to all of the forces' retirees who retired after Jan 1, 2013, and to amend the Armed Forces Pensions, Gratuities and Other Benefits Regulations 1982 and include the provisions regarding the new adjustment as directed by the court.
The plaintiffs claimed that by not adjusting their pensions, the defendants violated the fundamental rights guaranteed by Article 147 of the Federal Constitution, asserting that they have been adversely affected by it due to the significant disparity in pensions.
They claimed this disparity denies their right to obtain the same pensions and pension increases enjoyed by other retirees, violating their fundamental rights under Article 8 of the Federal Constitution. -- BERNAMA