Friday 29 Mar 2024
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KUALA LUMPUR (May 26): The prime minister, Cabinet and government informed the High Court on Thursday (May 26) that they agree to hold discussions with 28 retired senior judges and seven of their family members over the dispute regarding their pension and benefits since 2015.

Senior federal counsel Shamsul Bolhassan who appeared with federal counsel M Kogilambigai confirmed this development with theedgemarkets.com.

“We received instructions to discuss the matter with the plaintiffs,” he added.

Counsel for the ex-judges and their family Christopher Leong, who appeared with Abdullah Abdul Rahman and Derrick Moh, also confirmed the outcome of Thursday's management before Justice Datuk Wan Ahmad Farid Wan Salleh.

“The Attorney General's Chambers (AGC) appearing for the defendants informed the court that they had received instructions that they are amenable to enter into without prejudice discussions with the plaintiffs to see if the matter could possibly be resolved,” Leong told theedgemarkets.com.

Both Leong and Shamsul said Justice Wan Ahmad Farid fixed July 14 for further case management.

In the last case management in March, the AGC said it would come back to inform the court whether the government is willing to discuss the matter with the ex-judges.

A former Court of Appeal (COA) president, two former chief judges of Malaya and several former Federal Court, COA and High Court judges are among the 28 individuals and seven dependants of former judges who are taking the government, prime minister, Cabinet and director-general of the Public Service Department to court last January over adjustments to their pension.

The legal action in the originating summons (OS) filed in the High Court is over the government's failure to implement an appropriate percentage of adjustment higher than 2% annually to their pension and other benefits pursuant to Section 15B(2) of the Judges' Remuneration Act 1971.

In the OS, the former judges claim that the increment should have been implemented on July 1, 2015.

They are claiming through their lawyers from Messrs Chooi & Company + Cheang & Ariff that the adjustment is a violation of Article 125(7), read together with Article 125(9) of the Federal Constitution. Article 125(7) stipulates that the remuneration and other terms of office (including pension rights) of a judge of the Federal Court shall not be altered to his disadvantage after his appointment.

Among others, the plaintiffs are seeking a declaration that the gazette for the higher percentage of adjustment of 2% annually to their pension and other benefits had been altered to their disadvantage.

Among the 28 judges are former COA president Tan Sri Alauddin Md Sheriff, and former chief judges of Malaya Tan Sri Haidar Mohamed Nor and Tan Sri Siti Norma Yaakob.

Others include Datuk Pajan Singh Gill, Tan Sri Sulong Matjeraie, Datuk Azmel Maamor, Datuk Mahadev Shankar, Tan Sri Mohamad Ariff Md Yusof, Datuk Seri Mohd Hishamudin Md Yunus, Datuk Seri Shaik Daud Ismail, Datuk Clement Allan Skinner, Datuk Abdul Malik Ishak, Datuk Mah Weng Kwai, Tan Sri VC George and Datuk Syed Ahmad Helmy Syed Ahmad. Mohamad Ariff is a former COA judge and former Dewan Rakyat speaker.

The dependents include the wife of the late former COA president Tan Sri Abdul Malek Ahmad, as well as dependents of former Federal Court judges Datuk Hashim Che Yusoff and Datuk Mohd Noor Ahmad, and former COA judges Datuk KC Vohrah and Datuk Vincent Ng Kim Khoay.

Edited BySurin Murugiah
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