Court grants 100-year-old RM100,000 in pension arrears
A 100-year-old man who retired as a crane operator with KTM Bhd is expected to receive arrears close to RM100, 000 after the PSD wrongly classified his pension amount resulting in him not getting an extra RM150 a month since July 1980.
The High Court in Kuala Lumpur today ruled that the director-general of the PSD and government were wrong in classifying his pension grade which should have been D5 (JKK)...
A 100-year-old man who retired as a crane operator with KTM Bhd is expected to receive arrears close to RM100,000 after the Public Service Department (PSD) wrongly classified his pension amount, resulting in him not getting an extra RM150 a month since July 1980.
The Kuala Lumpur High Court today ruled that the PSD director-general and government were wrong in classifying M Alagan's pension grade.
Judicial Commissioner Faizah Jamaluddin made the ruling in the suit brought by the retiree against the national railway company.
"After considering the case, the court found the respondents' decision to dismiss Alagan's appeal is irrational.
"We quash the decision of the respondent's (PSD) adjustment of his pension to only D5 since 1980. Upon redetermination, the respondent is required to pay the proper amount together with arrears from July 1980," she said.
Alagan, who resides in Kota Kemuning, was represented by lawyer M Manoharan.
Faizah also ordered the PSD and government to pay RM50,000 costs.
The year of birth on Alagan's MyKad is 1919 but his eldest son A Deligannu said his father might be older than that. Alagan said he was three years old when he received his identification card.
"We believe he is 102 years old. My mother who is 98 years old is also alive," Deligannu said.
Alagan when asked for comment said he is glad with the court's decision.
"Whatever is justifiable is agreeable to me," he said in Tamil, as Deligannu and Manoharan assisted with the translation.
The centenarian has four sons, two daughters and more than 20 grandchildren. He retired from KTMB on March 4, 1971, and his last drawn salary was RM480.
Manoharan said he filed the judicial review application in 2016, and Faizah was the third judge who heard the case.
Alagan named the PSD director-general and government as respondents as he sought a declaration of certiorari to quash the decision that saw his pension being revised to Grade D5 (JKK) beginning July 1, 1980.
He also sought a mandamus order to compel PSD to pay him according to his grade of D5 (JKK) for his job as a high-portal (portable) crane driver.
In his application, the centanarian says that PSD had wrongly classified his pension to that of a low carriage crane driver's pay.
Manoharan had written to the PSD two years ago and in a reply, dated Sept 5, 2016, PSD stated that the amount was correct.
Based on the letter, the lawyer filed this judicial review application where the court today quashed PSD's decision.
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