THE Kuala Lumpur High Court today suggested that parties in a lawsuit filed by a group of 35 people, comprising former members of the judiciary and seven widows of former judges, over alleged failure by the government to fix appropriate increase in the pension and benefits they received since 2015, go through the mediation process for settlement.

The retired judges include former Court of Appeal president Alauddin Mohd Sheriff, former chief judges of Malaya Siti Norma Yaakob and Haidar Mohamed Nor, and former Court of Appeal judge Mohamad Ariff Md Yusof, who is also former Dewan Rakyat speaker.

They named the government, prime minister, cabinet and director-general of public service as the first to fourth defendants.

Lawyer Christopher Leong, representing the former judges, said judge Wan Ahmad Farid Wan Salleh has indicated for the parties involved to explore the possibility of mediation. 

“We informed the court that we are amenable to explore such possibility for mediation and federal counsel M. Kogilambigai told the court that she would take instructions (from the defendants) on the matter and get back to the court by the next case management date,” he told reporters after the case management today. 

He said the judge also disclosed to the court that he is related to one of the plaintiffs in the suit (family’s relation) and sought the views of the parties involved.

However, the court was informed by the parties involved that they did not have any objection to it, he said, adding that the court fixed March 21 for further case management for parties to inform the status of mediation. 

In the suit, filed on January 24, the plaintiffs are seeking a declaration that failure to fix through a government gazette an appropriate increment of more than 2% in their pension and other benefits pursuant to section 15B(2) of the Judges’ Remuneration Act 1971 has violated articles 125(7) and 125(9) of the Federal Constitution.

The plaintiffs are also seeking an order that the second or third defendant (prime minister and cabinet respectively) shall advise the Yang di-Pertuan Agong to fix a higher increment of more than 2% annually on the pension and other benefits given to them, effective July 1, 2015, pursuant to section 15B(2) of the Judges’ Remuneration Act.

The plaintiffs also said that in pursuant to section 15B of the Judges’ Remuneration Act, the pensions of retired judges and dependents of deceased judges were adjusted automatically based on the current salaries of the serving judges, which were reviewed in stages from time to time, as required under articles 125(7) and 125(9) of the Federal Constitution. – Bernama, February 14, 2022.