Govt, 3 others allowed to appeal over pension adjustment for military retirees

Free Malaysia Today

4 days ago

The government, prime minister, defence minister and armed forces council had appealed a High Court decision in favour of 50 ATM retirees who sued over the pension adjustment for those who retired before Jan 1, 2013.
PETALING JAYA : The Court of Appeal has ruled that there was no discrimination or constitutional breach in the matter of pension adjustments for retired members of the armed forces (ATM).
The unanimous decision by a three-member panel chaired by Justice Hashim Hamzah allows the government, armed forces council, and two other parties to proceed with their appeal.
Also on the bench were Justices Wong Kian Kheong and Ismail Brahim, Berita Harian reported.
In the summary judgment, Wong said the government's actions were based on reasonable distinctions and did not violate Article 8(1) of the Federal Constitution, which guarantees equality before the law.
'The distinction between retirees before Jan 1, 2013 and those after that date is legally valid, as it stems from the implementation of two key government documents,' he said.
The documents in question are the Guidelines for Implementing Amendments to ATM Service Conditions dated Jan 17, 2013, and the Implementation Letter on Improvements to the Minimum-Maximum Salary Schedule.
'Both documents are not pension adjustment mechanisms for retirees, but amendments to service terms for serving ATM personnel.
'Their objective is to enhance and standardise the pay structure of serving members, not to discriminate against retirees.
'In this case, there is no unequal treatment between pre-2013 and post-2013 retirees, as pension adjustments were also not given to the latter group,' he said.
Wong said a clear and reasonable classification exists between the two groups of retirees, with a direct connection to the policy's objective.
'The judicial question was wrongly decided in law when it concluded that unconstitutional discrimination existed. The government's decision is reasonable,' he said.
Following the decision, the court allowed the government's appeal and overturned an earlier ruling in favour of the retirees.
Outside the courtroom, lawyer Haniff Khatri Abdulla said his team would study the written judgment before deciding on the next course of action.
'In this case, the next level is the Federal Court. But to proceed, we must file and obtain leave to appeal,' he said.
The government, prime minister, defence minister, and armed forces council had appealed a High Court decision in favour of 50 ATM retirees who sued over the pension adjustment for those who retired before Jan 1, 2013.
On Feb 5 last year, judicial commissioner Suzana Said ruled that ATM retirees who left service before Jan 1, 2013 were entitled to receive pension adjustments based on the rates and methods applied to those who retired after that date.