Legal verasity of new pension scheme introuduced wef 1-1-2004
easari srinivasa rao
(Querist) 18 July 2012
This query is : Resolved
Sir,
I want to know that the New contributory Pension Scheme had been introduced w.e.f. 1-1-2004 with an issuance of Ordinance by President of India and the same is valid for six months only. No legislation had been made by the Parliament. Then what is the legal validity of that scheme? Can we challenge the legal validity of the new pension scheme in the court of law for application of old pension scheme to the employees who recruited from 1-1-2004 to date. If, yes. In which court we can challenge? CAT/High Court/Supreme Court. Kindly give a suggestion including the relevant apex court judgments, if any.
Thanking you sir,
Srinivasa rao
9700816574
Guest
(Expert) 18 July 2012
I don't think the Government is so forgetful that it cannot get the ordinance replaced through passage of a bill by the Parliament. If you are so sure you can definitely challenge the same in the SC. But better seek the information through RTI before you take such an action.
