AGC given additional two weeks to update on settlement of pension suit

KUALA LUMPUR — The High Court has given a two-week extension to the Attorney-General’s Chambers (AGC) to update the court on the settlement over a lawsuit on pension filed by a group of 35 individuals, comprising former members of the judiciary and seven widows of former judges.

The suit was filed over the alleged failure of the government to fix an appropriate increase in the pension and benefits received by the 35 plaintiffs since 2015.

Lawyer Christopher Leong, acting for the 35 plaintiffs, when contacted by Bernama said that AGC had requested the court for the two-week extension to update on the matter and it was allowed by Judge Datuk Wan Ahmad Farid Wan Salleh during case management today.

“The court then fixed March 19 for a case management for parties to update on the settlement,” he said.

On Jan 31, the same court had given one month for the parties to settle the lawsuit. Previously, the same court, on Oct 6, 2022, had given two months for the government to look into the possibility of the proposed settlement of the suit.

In the suit, filed on Jan 24, 2022, the plaintiffs named the government, the Prime Minister, the Cabinet and the director-general of Public Service as the first to the fourth defendants.

The plaintiffs are seeking a declaration that failure to fix through a government gazette an appropriate increment of more than two per cent in their pension and other benefits according to Section 15B (2) of the Judges’ Remuneration Act 1971 (Act 45) had violated Articles 125 (7) and 125 (9) of the Federal Constitution.

The plaintiffs are also seeking an order that the second or third defendant (Prime Minister and the Cabinet respectively) shall advise the Yang di-Pertuan Agong to fix a higher increment of more than two per cent annually on the pension and other benefits given to them, effective July 1, 2015, according to Section 15B (2) of Act 45.

The plaintiffs also said that under Section 15B of the Judges’ Remuneration Act 1971, the pensions of retired judges and dependents of deceased judges were adjusted automatically based on the current salaries of the serving judges which were reviewed in stages from time to time, as required under Articles 125 (7) and 125 (9) of the Federal Constitution. — BERNAMA / pic TMR FILE