KUALA LUMPUR (Feb 14): The High Court on Monday (Feb 14) has set March 21 for further case management in the matter of retired senior judges and dependants' lawsuit against the Malaysian government over their pensions and benefits.
In the matter held before Justice Datuk Wan Ahmad Farid Wan Salleh on Monday, the judge also disclosed that he was related to one of the plaintiffs in the case.
Messrs Chooi & Company + Cheang & Ariff's Christopher Leong, representing the plaintiffs, told theedgemarkets.com this when contacted.
He added that the plaintiffs have no concerns with Justice Datuk Wan Farid presiding over the matter.
The Attorney General's Chambers (AGC)'s M Kogilambigai, representing the defendants, said the AGC has to await further instructions from its clients over this development.
Leong added that the judge has indicated for parties to explore the possibility of mediation. The plaintiffs were amenable to this while federal counsel Kogilambigai informed the court that she will seek further instructions from the defendants.
Also representing the plaintiffs were Abdullah Abdul Rahman and Derrick Moh while Ikbal Harith held brief for the Malaysian Bar.
Some 28 judges and seven dependants of former judges have taken the government, prime minister, Cabinet and director-general of the Public Services Department to court over adjustments to their pensions and benefits.
They claim that the government failed to implement an appropriate higher percentage adjustment of more than 2% annually to their pensions and other benefits in accordance with Section 15B(2) of the Judges Remuneration Act 1971. The increment, they added, should have been effective since July 1, 2015.
The plaintiffs are also claiming that the adjustment is a violation of Article 125(7), read together with Article 125(9) of the Federal Constitution. Article 125(7) stipulates that the remuneration and other terms of office (including pension rights) of a judge of the Federal Court shall not be altered to his disadvantage after his appointment.
Among others, they are seeking a declaration that the gazette for the higher percentage of adjustment of 2% annually to their pension and other benefits had been altered to their disadvantage.
Besides the rightful increase in pension of more than 2% annually, they are also claiming that payments due from July 1, 2015 are paid in one lump sum, a pre-judgment interest of 5% per annum and costs.
Among the 28 judges are former Court of Appeal (COA) president Tan Sri Alauddin Md Sheriff, and former chief judges of Malaya Tan Sri Haidar Mohamed Nor and Tan Sri Siti Norma Yaakob.
Others include Datuk Pajan Singh Gill, Tan Sri Sulong Matjeraie, Datuk Azmel Maamor, Datuk Mahadev Shankar, Datuk Seri Mohd Hishamudin Md Yunus, Datuk Shaik Daud Ismail, Datuk Clement Allan Skinner, Datuk Abdul Malik Ishak, Datuk Mah Weng Kwai, Datuk VC George, Datuk Syed Ahmad Helmy Syed Ahmad, and Tan Sri Mohamad Ariff Md Yusof, who is a former COA judge and former Dewan Rakyat speaker.
The dependants include the wife of the late COA president Tan Sri Abdul Malek Ahmad, as well as dependants of former Federal Court judges Datuk Hashim Che Yusoff and Datuk Mohd Noor Ahmad, and former COA judges Datuk KC Vohrah and Datuk Vincent Ng Kim Khoay.