Protecting Pensioners: A Call for Justice and Dignity Under Prime Minister Anwar Ibrahim’s Leadership

As Chairman of Majlis Gagasan Malaysia, I earnestly call upon Prime Minister Datuk Seri Anwar Ibrahim to intervene and withdraw the government’s appeal against the High Court’s ruling on pension adjustments. This appeal not only undermines the principle of legitimate expectation but also disregards the moral and legal obligations owed to retired civil servants who have dedicated their lives to public service. The government’s failure to honour its commitments to pensioners is a stark betrayal of trust and a violation of the nation’s core values.

The principle of legitimate expectation, a cornerstone of administrative law, ensures that individuals can rely on promises made by the government. In this case, judicial decisions have repeatedly affirmed the rights of pensioners to fair adjustments under the Pensions Adjustment Act 1980. By appealing the High Court’s ruling, the government is defying legal precedent and perpetuating systemic injustice against those who have served the nation with unwavering dedication.

The Legal Battle for Pension Justice

In January 2024, Aminah Ahmad, a former Foreign Ministry staff member, filed a judicial review application on behalf of herself and 56 other government pensioners. They sought an injunction to compel the government to expedite pension adjustments based on the formula outlined in Sections 3 and 6 of the Pensions Adjustment Act 1980, prior to its 2013 amendments. Additionally, they demanded payment of arrears within 14 days and a declaration that non payment constitutes a breach of the Federal Constitution.

This legal action followed the Federal Court’s landmark ruling in June 2023, which declared the 2013 amendments to the Pensions Adjustment Act void. The court found that the amendments were detrimental to pensioners and violated Article 147 of the Federal Constitution, which safeguards pension rights. Under the old system, a pensioner’s pension was adjusted based on the current salary of civil servants in that grade, ensuring that retirees’ benefits remained aligned with the cost of living and economic conditions. However, the 2013 amendments replaced this equitable system with a flat rate of 2% annual increase, significantly eroding the financial security of pensioners.

Despite this clear judicial directive, the government’s decision on 23 January 2025 to appeal the High Court’s ruling is both legally untenable and morally indefensible.

A Glaring Double Standard

The government’s stance reveals a troubling double standard. While retired judges have received pension adjustments based on their final salaries, other civil servants continue to be denied the same consideration. In January 2022, 35 retired judges, including several senior figures, successfully sued the government for failing to adequately increase their pensions and benefits since 2015. They secured not only the correct adjustments but also arrears amounting to RM200,000. This disparity highlights systemic inequity, as ex judges who retired before July 2015 have received their due, while other retirees remain neglected.

The Moral Imperative

Beyond the legal arguments, the government’s appeal disregards the financial hardships faced by retirees. With the rising cost of living, delayed pension adjustments exacerbate the economic strain on former civil servants, many of whom depend solely on their pensions for survival. The shift from a salary linked adjustment system to a flat 2% annual increase under the 2013 amendments has left pensioners struggling to cope with inflation and escalating living expenses. Denying them their rightful entitlements is not only unjust but also inhumane.

Mobilising for Justice

In response to this injustice, a coalition of government pensioners is mobilising to demand accountability. Thousands of affected individuals plan to gather at Dataran Merdeka in Kuala Lumpur on 19 April 2025, calling on the government to implement the High Court’s ruling and honour rightful pension adjustments. This rally underscores the growing frustration among retirees who feel abandoned by the very institution they served. Such a gathering could be avoided if the government heeds the call to withdraw its appeal and treats pensioners with the dignity and respect they deserve.

A Call to Action

I reiterate my call to Prime Minister Datuk Seri Anwar Ibrahim to withdraw the government’s appeal and uphold the rights of pensioners. This is not merely a legal obligation but a moral imperative that reflects the nation’s commitment to justice, dignity, and respect for its citizens. I also urge civil society organisations to stand in solidarity with retirees, amplifying their voices and ensuring their contributions are acknowledged.

The government must recognise that respecting pensioners’ rights is not just about fulfilling legal obligations; it is about affirming the values of compassion, fairness, and gratitude that define a just society. By withdrawing the appeal and implementing the High Court’s ruling, the administration can demonstrate its commitment to these principles and uphold its credibility as a responsible government.

Sincerely,

Ts. Dr. Manivannan Rethinam is a distinguished Professional Technologist (Ts.) and holds a Doctorate in Business Administration, specialising in marketing and technology management. As Chairman of Majlis Gagasan Malaysia, he is a passionate advocate for civil liberties, interfaith harmony, and social justice. His work is driven by a commitment to fostering compassion, unity, and inclusivity as the foundation for a more equitable society. Through dialogue and collaboration, he strives to bridge divides and create a better future for all Malaysians.