JUDGMENT

Ravinthran Paramaguru JCA (Majority):

Introduction

[1] Datuk Ian Chin Hon Chong is a retired judge. In the High Court, he successfully challenged legislation that provided a new formula for adjustment of Judges' pensions on the ground that it is disadvantageous and therefore infringed a constitutionally protected right accorded to Judges. Hence, the main appeal is by the Government of Malaysia and the Public Service Department who are aggrieved by the said decision of the High Court that declared the legislation in question null and void and ordered them to pay the affected Judges to make up for the "shortfall" in the adjustment of their respective pensions. The cross-appeal is by the respondent. It is in respect of the order of the High Court that some deduction must be made in the calculation of the "shortfall" to take into account monies already paid.

[2] The action was brought by Datuk Ian Chin Hon Chong on behalf of himself and all other retired Judges of the High Court of Sabah and Sarawak who were appointed before 1 July 2015 and all those receiving derivative pensions on account of the death of the affected Judges. For the sake of convenience, I shall refer to Datuk Ia