KUALA LUMPUR (Jan 26): A number of retired senior judges and dependants are suing the government over adjustments to their pensions and benefits.

A former Court of Appeal (COA) president, two former chief judges of Malaya and several former Federal Court, COA and High Court judges are among 28 individuals and seven dependants of former judges who are taking the government, prime minister, cabinet and director-general of the Public Services Department to court over adjustments to their pensions.

The legal action as stated in the originating summons (OS) filed at the High Court is over the government's failure to implement an appropriate higher percentage of adjustment than 2% annually to their pensions and other benefits pursuant to Section 15B(2) of the Judges Remuneration Act 1971.

In the OS which is making its rounds among some media, the former judges claim that the increment should have been implemented effective July 1, 2015.

They are claiming through their lawyers from Messrs Chooi & Company + Cheang & Ariff 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, the plaintiffs 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.

Among the 28 judges are former 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, Tan Sri Mohamad Ariff Md Yusof, 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, and Datuk Syed Ahmad Helmy Syed Ahmad. Ariff 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.

Apart from the first declaration sought, the plaintiffs are seeking that the defendants, including the government, pay each of them the rightful increase in the pension of more than 2% annually, that the payments due from July 1, 2015 are paid in one lump sum, a pre-judgment interest of 5% per annum and costs.

The former judges and dependants claim that the non-adjustment of their benefits and pensions is to their detriment and disadvantage. They said that the pension increment should be adjusted annually at more than 2% but that it has not been adjusted.