The Fiji state has filed an appeal against an High Court ruling to keep the retirement age for public servants at 60 years.
The court had ruled that a reduction of the retirement age to 55 years was discriminatory under the Constitution.
The court found that the state failed to consult the public sector unions before it lowered the retirement age.
It also found that whilst the retirement age policy may create new employment and reduce costs to government, it was not proportionate.
The Fijilive website reports the state is arguing that the court was wrong in its finding.
The Fiji Court of Appeal is expected to set a date for the case soon.