It’s ex-judges’ right to sue govt, says Wan Junaidi

PETALING JAYA: It is within the rights of a group of retired judges and their dependents to sue the government to seek adjustments to their pension payments, law minister Wan Junaidi Tuanku Jaafar said today.

He said he was aware of the suit filed by the plaintiffs at the Kuala Lumpur High Court last week, but added that he could not comment much since the case had been filed in court.

However, he maintained that there was nothing wrong with the suit as Malaysia practised the concept of separation of powers among the three branches of the government, namely the legislative, executive and judiciary.

“When the government makes a decision that’s not consistent with the thinking of the people aggrieved by the said decision, their right to bring the case to court is always there.

“We have to uphold that principle of checks and balances between what the government does and the affected groups,” he told FMT.

Wan Junaidi added that the government would leave the matter to the Attorney-General’s Chambers once the summons had been served.

Earlier today, FMT reported that 28 former judges, as well as seven dependents, had filed a suit seeking adjustments to their pension payments.

The originating summons named the government, the prime minister, the Cabinet and the director-general of public service as the respondents.

Under the Judges’ Remuneration (Amendment of First and Fifth Schedules) Regulations 2016, the pension and other benefits of judges and judicial commissioners is adjusted annually by 2%.

The plaintiffs want a declaration that this is in breach of Article 125(7) of the Federal Constitution read with Article 125(9), and that their pension and benefits should be adjusted according to the current salaries and benefits of serving judges.

Article 125(7) states that the remuneration and other terms of office, including the pension rights of judges, shall not be altered to their disadvantage after appointment.

The plaintiffs also want the Yang di-Pertuan Agong (the government) to repeal the Judges’ Remuneration (Amendment of First and Fifth Schedules) Regulations 2016 and put in new provisions on revising the pension of retired judges.

They said they had to seek legal redress as the government had refused to entertain their notice of demand sent in September last year.

It’s ex-judges’ right to sue govt, says Wan Junaidi

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