Appeals court rules in favour of retired judge over shortfall in pension payments

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The government and PSD were appealing against the Kota Kinabalu High Court’s December 9, 2022 decision to allow the originating summons filed by Datuk Ian Chin Hon Chong and declare the amended Judges’ Remuneration Act 2014 void and inconsistent with Article 125 of the Federal Constitution.Justice Ravinthran said he is of the same opinion with the High Court judge that the pension adjustment is part and parcel of pension rights as envisaged in Article 125 of the Federal Constitution.

Justice Ravinthran said the Court of Appeal is bound by the Federal Court decision in a case brought by Aminah Ahmad and 56 retired civil servants against the government which dealt with similar amending law and a similar constitutional protection in respect of civil servants. He also said the appellate court is not bound by the Federal Court’s decision in Aminah’s case as Aminah’s case dealt with Article 147 of the Constitution which applies only to public servants.

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