KUALA LUMPUR, Oct 16 — The High Court has dismissed an originating summons filed by a retired Navy personnel against the government and two others over pension adjustments for Malaysian Armed Forces (MAF) retirees who retired before January 1, 2013.
Judge Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan ruled that the adjustment of pensions for plaintiff Rafique Ali Ahmad Nordin has been carried out in accordance with the provisions of the Pensions Regulations 1982, and there is therefore no shortfall in the pension amount that the plaintiff is receiving.
Rafique filed the summons on behalf of 3,210 other former MAF personnel on April 11 this year, against the MAF Council, the Defence Ministry, and the Malaysian government, seeking that the defendants pay or adjust their pensions in accordance with the said regulations.
In his broad grounds of judgment, Judge Mohzanuddin said the court could not agree with the plaintiff's argument that the pensions for the plaintiff and 3,210 others should be adjusted every time the government issued a new salary scale.
“As a result of this, any salary scales that are not issued as a result of the Government of Malaysia's salary revisions would not lead to an adjustment of pensions.
“The law in this regard is trite that the precondition of the salary revision is expressly stated in the definition of 'current salary scale' under Regulation 51 of the Pensions Regulations 1982, stating that it refers to the most recent salary scale applicable in the event of a salary revision by the government,” he said.
Judge Mohzanuddin added that he agreed with the defendants that new salary schedules under the Malaysian Remuneration System for 2004, 2013, and 2016 referred to by the plaintiff were not issued by the government as a result of the salary revision, but instead were issued as a result of amendments to the terms of service of the MAF, which do not affect retirees who retired before the amendments took effect.
“The rule applies only to MAF members who are currently serving and agree to accept the option of the change of appointment, which will bind them to the new terms of service.
“As a consequence, I am constrained to dismiss the originating summons,” he said.
Judge Mohzanuddin noted that although the plaintiff and the other 3,210 MAF pensioners did not succeed in their civil suit, he did not believe that their action was frivolous in attempting to enforce their rights.
“As a consequence of this factor and in light of their contributions to the nation, I make no order regarding costs,” Judge Mohzanuddin said.
Meanwhile, he dismissed the government’s application to strike out the suit.
In the suit, the plaintiff seeks declarations that the defendants' actions in paying pensions that are less than what the plaintiff and 3,210 others should have received are wrongful and violate Article 147 of the Federal Constitution.
When met after the proceedings, counsels Datuk Shukor Ahmad and Datuk Baljit Singh Sidhu, who represented Rafique, told the press that they will appeal today’s decision.
Senior Federal Counsel Nurhafizza Azizan and Federal Counsel Mohammad Sallehuddin Md Ali appeared for the defendants.
