JUDGMENT

Hashim Hamzah JCA:

Introduction

[1] For ease of reference, the parties in this appeal will be referred to as they were in the High Court below.

[2] In the present case, the Plaintiffs are pensionable members of the Malaysian Armed Forces ("MAF") who had retired from service before 1 January 2013 and have been receiving their pensions in accordance with their pensionable status. The Defendants are the Government of Malaysia, the Prime Minister of Malaysia, the Senior Minister of Defence, and the Armed Forces Council, respectively.

[3] On 17 November 2022, the Plaintiffs filed an application to the High Court through an originating summons, claiming the following relief:

(a) a declaration that all the Defendants had breached arts 137 and 8 of the Federal Constitution ("FC") read together with s 187 of the Armed Forces Act 1972 [Act 77] due to the Defendants' respective failures to carry out any pension adjustments for all MAF pensioners who had retired before 1 January 2013; and

(b) all MAF pensioners who retired before 1 January 2013 should have their pensions adjusted at a rate and in a manner similar to the adjustments made for MAF pensioners who retired after 1 January 201