Clarification
easari srinivasa rao
(Querist) 21 July 2012
This query is : Resolved
Kindly refer to my query below.
Sir,
I would like know why the GoI Rules and Orders shall be published in the Gazette of India. If any rule or order might have not been published in the Gazette, would it not get legal validity.
What is the difference between the rules and orders that had published in the Gazette of India and not published in the gazette. What law says in this regard.
Kindly refer to my query that had replied by you which had given below for you refernce. IN this regard the GoI notified rules are hereby attached for you examination and after go through, my request below may be replied once again.
Thanking you sir,
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
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Expert : PS Dhingra, dcgroup1962@gmail.
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Posted about 18 hours ago
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.
