PUTRAJAYA, April 24 — A group of 57 pensioners is seeking a review of the Court of Appeal decision and rehearing of their appeal over RM1.7 billion in pension adjustment arrears.
Lawyer Datuk Baljit Singh Sidhu, when contacted, confirmed that the application for review had been filed.
According to a notice of motion filed on April 10, sighted by Bernama, the pensioners are asking the Court of Appeal to review its earlier decision, which had set aside a High Court order.
The order had directed the Public Services Department (JPA) director-general and the government to pay pension arrears amounting to RM1.7 billion to 531,976 pensioners.
The payment was to be calculated based on the pensioners' final salary, in accordance with the 2016 JPA Circular. The appellants are also requesting that their appeal be reheard before a different panel of judges.
They contend that the Court of Appeal's decision dated March 9 should be set aside because it was made under circumstances giving rise to a real danger of bias, thereby breaching the rules of natural justice and rendering the decision unsafe.
A case management for the application for review has been fixed for April 28.
In 2022, the Court of Appeal ruled that the 2013 amendment to the Pensions Adjustment Act (PAA) was unconstitutional, as it was deemed less favourable to pensioners than the previous version.
The government and the JPA director-general obtained leave to appeal to the Federal Court. However, the Federal Court dismissed the appeal, thereby upholding the Court of Appeal's decision.
Subsequently, Aminah Ahmad filed a judicial review in her personal capacity and on behalf of 56 other retired civil servants, seeking to compel the JPA and the government to adjust their pensions under the PAA's pre-2013 formula.
On Jan 16, 2025, High Court judge Datuk Amarjeet Singh (now a Court of Appeal judge) allowed the judicial review. He ordered the JPA director-general and the government to pay the arrears within three months from the date of the judgment.
However, the Court of Appeal later overturned that decision after allowing an appeal filed by the JPA director-general and the government.
The pensioners have also filed an application with the Federal Court seeking leave to appeal against the appellate court’s decision.
