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