KUALA LUMPUR (Oct 9): Former Wisma Putra civil servant Aminah Ahmad, representing 56 other pensioners who were successful at the Federal Court in declaring that the amendment to Sections 3 and 7 of the Pensions Adjustment (Amendment) 2013 Act (PAA) — which allows a 2% increment annually — is less favourable to pensioners and thus declared it null and void, has given the government 21 days to enforce the decision.

This is stated in her letter of demand from Messrs Shukor Baljit & Partners dated Oct 6 to the Chief Secretary to the Government Tan Sri Mohd Zuki Ali, the director-general of the Public Services Department (PSD) Datuk Dr Zulkapli Mohamad, and the director of Pensions Datuk Mohd Saiful Ibrahim.

It was issued due to the Malaysian government and the PSD’s failure to abide by the decision.

“The government and the director-general of the PSD, as organs of the state, have heightened duties to respect the rule of law and should assist and protect the courts to ensure the independence, impartiality and effectiveness of the courts.

“They must obey the Federal Constitution and the judgement of the Federal Court, and should not delay the implementations of the court order, as it amounts to injustice to the pensioners who are entitled to enjoy the fruits of their labour,” the law firm said in a statement, accompanied by the letter of demand.

The law firm said these pensioners are in the latter years of their lives and should not be deprived from their constitutional right, which is accorded to them by the government and further ordered by the Court of Appeal and Federal Court.

“The government should not hesitate to appreciate the contributions made by the public service pensioners in serving the nation, and their welfare should be a matter of priority in achieving social justice,” the statement from the firm said.

The letter of demand sighted by The Edge stipulates that it wants the arrears entitled to pensioners, from the Court of Appeal’s decision made on Jan 13, 2022, to be paid to them.

On June 27, the Federal Court upheld the Court of Appeal to declare the amendment to Section 3 and 7 of the PAA to be unconstitutional, and was to revert to the pre-2013 times.

Chief Judge of Malaya Datuk Mohamad Zabidin Mohd Diah, in his decision at the apex court, said the appellate court was right in restoring the status quo of preserving the original Sections 3 and 6 prior to the 2013 amendment.

Following the decision, Prime Minister Datuk Seri Anwar Ibrahim said the pension for July to December 2023 is to revert to the pre-2013 mechanism.

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