JUDGMENT

Azhahari Kamal Ramli JCA:

Introduction

[1] This is an appeal by the appellants against the decision of the learned High Court Judge (HCJ) in allowing the respondent's (applicant in the High Court) judicial review application for an order of mandamus, among others, as follows:

(i) To adjust the pension entitlement amounts in accordance with the formula contained in ss 3 and 6 of the Pensions Adjustment Act 1980 (the PAA 1980) prior to its amendment under ss 3 and 7 of the Pensions Adjustment (Amendment) Act 2013 (the 2013 Amendment Act); and

(ii) Within 14 days or such time as this Honourable Court may determine, execute the payment of pension arrears ("the pension arrears") in favour of the applicant in accordance with the formula contained in ss 3 and 6 of the PAA 1980 prior to its amendment under ss 3 and 7 of the 2013 Amendment Act.

Factual Matrix Of The Case

[2] The facts of the case have been neatly summarised by the learned HCJ in his grounds of judgment, which we would now reproduce with some modifications.

[3] The applicant, Aminah Ahmad, is a pensioner. She retired from public service in 2002. In the judicial review proceeding, she is suing the respondents, i.e., the Government of Malaysia and the Director General of the Public Service (the Director General), respectively, for the abovementioned reliefs in her personal capacity and on behalf of 56 retired members of the public service ("the applicant"). The Director General is the authority empowered under the PAA 1980 to determine the calculation of pension on behalf of the Government.