Latest news with #MalaysianArmedForcesAct1972
New Straits Times
3 days ago
- Politics
- New Straits Times
Apex court sets Nov 6 to hear armed forces retirees' leave to appeal on pension case
PUTRAJAYA: The Federal Court has set Nov 6 to hear an application by 50 retired armed forces personnel seeking leave to appeal a Court of Appeal ruling on pension adjustments. 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
The Sun
3 days ago
- Politics
- The Sun
Federal Court to hear MAF retirees' pension appeal on November 6
PUTRAJAYA: The Federal Court has scheduled a hearing for November 6 to consider an appeal by 50 retired Malaysian Armed Forces personnel over pension adjustments. The case management session, conducted via e-Review from August 4 until today, was overseen by deputy registrar Husna Dzulkifly. Lawyer Mohamed Hanif Khatri Abdulla, representing the retirees, confirmed the virtual hearing will take place on Zoom. A final case management session is set for October 25 to review written submissions and cause papers. On June 4, a three-judge Court of Appeal panel overturned a High Court decision that had granted pre-2013 retirees pension adjustments equal to those who retired after January 1, 2013. The appellate court ruled in favour of the government, Prime Minister, Senior Defence Minister, and MAF Council, stating the retirees failed to prove a constitutional breach. The retirees filed their leave application on July 3, seeking Federal Court intervention on two legal questions regarding pension adjustments. Their initial lawsuit, filed in November 2022, alleged the government violated the Federal Constitution and Section 187 of the Malaysian Armed Forces Act 1972 by excluding pre-2013 retirees from revised pension schemes. The retirees argue the policy has created an unfair disparity in pension benefits between those who retired before and after the 2013 cutoff date. – Bernama
The Star
3 days ago
- Politics
- The Star
Apex court to hear Armed Forces retirees' bid for appeal of pension adjustment ruling on Nov 6
PUTRAJAYA: The Federal Court has set Nov 6 to hear an application by 50 retired Malaysian Armed Forces (MAF) personnel seeking leave to appeal a Court of Appeal ruling on pension adjustments. 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 on Tuesday (Aug 12) via e-Review. ALSO READ: Court allows govt appeal in Armed Forces pension adjustment case "The hearing will be conducted virtually,' 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, a three-judge Court of Appeal panel overturned the High Court's ruling that entitled MAF 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, the then Senior Defence Minister and MAF Council. The Court of Appeal ruled that the retirees failed to prove that the respondents had breached the Federal Constitution. ALSO READ: May 6 decision on govt's appeal against Armed Forces pension adjustment 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
