Anonymous
02 September 2023 at 12:36
Sir,
Pension to govt servants is protected in Article 309.But without promulgation under Article 309,
1. Executive order for New pension scheme was notified on 22.12.2003, followed by a PFRDA ordinance which was notified and lapsed April 2003.
2. Again, a fresh PFRDA ordinance was notified immediately.
3. After many ordinances lapsed, finally it became Act after passed by parliament in 2014 giving retrospective effect on the executive order notification dated 23.12.2003.
4. Till that time, an executive order notification was over riding pension rules of Article 309.
I have come across many supreme court judgements ruling executive order cannot over ride or change or alter the rules under Article 309 and some not favouring retrospective effect too.
In view of the above, the implementation of NPS can legally valid only after it became law. Can we approach court on the above contention?
Thanks in advance
jeyakumar
01 September 2023 at 14:50
respected experts,
As per the OM dated 03.03.2023 of DOPT, those who were recruited against a vacancy/post which were notified/advertised before 22.12.2003 are eligible for Old Pension Scheme.
i am giving a brief of our issue.
1. In our dept, Recruitment Rules for a post along with the vacancies were notified in the gazette in 13.09.2003
2. for which advertisement for recruitment was issued by the SSC during 2006 and exam held in 2006. we got selected.
3. the vacancies belong to the year of 2002 to 2006. but all the vacancies were notified in the RR vide Gazette dated 13.09.2003.
we have represented our claim with Dept. if our dept rejects, can we get favourable judgement from courts? becoz Ernakulam CAT has given judgement in favour of vacancy aised if before the notification of New Pension Scheme. Some are getting rejection letters saying the notification we referred is just a RR notification. but we claim that this is not just RR notification and vacancies notification too as per the OM dated 03.03.2023 as it nofitied the number of vacancies and selection process, eligiblities and etc.
thanks in advance for your replies.
jeyakumar
19 February 2013 at 21:39
WHAT IS THE LEGAL PROCEDURE FOR CONVERSION OF RELIGION?
Anonymous
05 January 2012 at 11:41
sirs, A land is in my father's name. My father passed away 2 years ago. He is survived by my mother and three sons including me. My elder brother who married a lady of another state, had touch with my family upto three years before. But for what reason, we dont know, he didnt contact us till now. Even he didnt come to my father's funeral. Legal heirs certificate includes him also. My mother wants to dispose the land and get her share given by husband (my father)before her period. Is there any provision for solution? Thanks
Anonymous
22 December 2011 at 19:20
sir,
my friends, a group of six, have planned to purchase a plot and to construct six houses for their dwelling as flats by their equal monies. how to legalize this plan? some one advises them to register a house building society. but they think that their rights should be equal and not make this plan commercially, only for their dwelling purpose. please guide them.
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Executive order over riding rules of article 309
Sir,
Pension to govt servants is protected in Article 309.But without promulgation under Article 309,
1. Executive order for New pension scheme was notified on 22.12.2003, followed by a PFRDA ordinance which was notified and lapsed April 2003.
2. Again, a fresh PFRDA ordinance was notified immediately.
3. After many ordinances lapsed, finally it became Act after passed by parliament in 2014 giving retrospective effect on the executive order notification dated 23.12.2003.
4. Till that time, an executive order notification was over riding pension rules of Article 309.
I have come across many supreme court judgements ruling executive order cannot over ride or change or alter the rules under Article 309 and some not favouring retrospective effect too.
In view of the above, the implementation of NPS can legally valid only after it became law. Can we approach court on the above contention?
Thanks in advance