Apex court sets Nov 6 to hear armed forces retirees' leave to appeal on pension case
Lawyer Mohamed Hanif Khatri Abdulla, representing the retirees, said the date was fixed by Federal Court deputy registrar Husna Dzulkifly during a case management session that began on Aug 4 and concluded today via e-Review.
"The hearing will be conducted virtually via Zoom," he said, adding that a final case management is scheduled for Oct 25 to update the court on the status of cause papers and written submissions.
On June 4 this year, a three-judge Court of Appeal panel overturned the High Court's ruling that entitled armed forces retirees who left service before Jan 1, 2013, to pension adjustments matching those granted to retirees after that date.
The appellate bench had allowed the appeal filed by the respondents, namely, the government, Prime Minister, Senior Defence Minister and Armed Forces Council.
The Court of Appeal ruled that the armed forces retirees failed to prove that the respondents had breached the Federal Constitution.
Subsequently, the retirees filed an application on July 3 seeking leave to appeal to the Federal Court.
In their application, they sought the determination of two questions of law related to the pension adjustment issue.
Fifty army personnel of various ranks, including majors, lieutenants, staff sergeants, and privates, filed an originating summons in the High Court on Nov 17, 2022.
They sought a declaration that the government violated the Federal Constitution and Section 187 of the Malaysian Armed Forces Act 1972 by failing to implement new pension adjustments for retirees who left service before Jan 1, 2013.
The retirees contended that the government's failure created a significant pension gap between those who retired before and after that date.
— Bernama
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