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2023 MarsdenLR 1653

FEDERAL COURT PUTRAJAYA
THE GOVERNMENT OF MALAYSIA & ANOR – Appellant
Versus
AMINAH AHMAD (SUING IN HER PERSONAL CAPACITY AND ON BEHALF OF 5.... – Respondent


Petitioner Advocates:Shamsul Bolhassan,Liew Horng Bin,Kogilambigai Muthusamy ,Respondent Advocate: Gopal Sri Ram,Lim Choon Khim,Chin Yan Leng,How Li Nee,Athanasia Bortolome

Table of Content
1. background of the appeal and parties involved. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. high court's dismissal and court of appeal's reversal. (Para 7 , 8)
3. questions of law raised by the appellants. (Para 9 , 10 , 11)
4. arguments presented by the appellants regarding the amendments. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18)
5. analysis of article 147 of the federal constitution. (Para 20 , 21 , 22)
6. determination of whether the amendments contravened article 147. (Para 37 , 39 , 40 , 46)
7. restoration of the status quo ante after striking down the amendments. (Para 48)
Mohamad Zabidin Mohd Diah FCJ:

Introduction

[1] The Government of Malaysia and the Director General of Public Service who are the Appellants, are appealing against the decision of the Court of Appeal which reversed the decision of the High Court delivered on 8 January 2020. The High Court had, on the said date, dismissed the Respondent's Originating Summon challenging the validity of certain amendments made to the Pensions Adjustment Act 1980 ("PAA 1980").

Background Fact

[2] The Respondent, Aminah Ahmad, is a pensioner who served the Government for more than 33 years. She retired from public service in S

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