Judicial Commissioner Suzana Muhamad Said made the ruling after
hearing the arguments of Federal Counsel M. Kogilambigai, representing
the four defendants and lawyer Mohamed Haniff Khatri Abdulla, appearing
for all plaintiffs.
"After examining the arguments and affidavits of the parties
involved, the court decided that the order for (pension adjustments) is
allowed.
"MAF (armed forces) retirees who retired before Jan 1, 2013, have the
right under the Federal Constitution to adjust their pensions according
to the rates and methods set for all MAF retirees who retired after Jan
1, 2013.
"Referring to Article 147 of the Federal Constitution, which provides
protection for pension rights, I believe our country indeed values the
services of those who have served the nation, and they deserve the
rightful pension," she said, adding that the Malaysian Armed Forces
Council should formulate a new pension structure to adjust the pensions
of retired MAF personnel.
Fifty retired MAF personnel of various ranks, including major,
lieutenant, staff sergeant and private, filed the originating summons on
Nov 17, 2022, naming the government, the Prime Minister, the Senior
Defence Minister and the Malaysian Armed Forces Council as defendants.
The plaintiffs sought a declaration that all defendants had violated
the provisions under Article 137 or Article 8 of the Federal
Constitution read together with Section 187 of the Malaysian Armed
Forces Act 1972 for their respective failures to implement a new pension
adjustment for MAF retires who retired before Jan 1, 2013.
They also requested all MAF retirees who retired before Jan 1, 2013,
have their pensions adjusted according to the rates and methods applied
to all of the forces' retirees who retired after Jan 1, 2013, and to
amend the Armed Forces Pensions, Gratuities and Other Benefits
Regulations 1982 and include the provisions regarding the new adjustment
as directed by the court.
The plaintiffs claimed that by not adjusting their pensions, the
defendants violated the fundamental rights guaranteed by Article 147 of
the Federal Constitution, asserting that they have been adversely
affected by it due to the significant disparity in pensions.
They claimed this disparity denies their right to obtain the same
pensions and pension increases enjoyed by other retirees, violating
their fundamental rights under Article 8 of the Federal Constitution. --
BERNAMA
