NEW PENSION SCHEME
Suraj Kumar
(Querist) 21 March 2019
This query is : Resolved
Sir,
Govt. Of India introduce NPS for those employee who joins from 01.01.2004.
Following matters seems unconstitutional.
1.As per Constitution of India
"39. The State shall, in particular, direct its policy
towards securing�
(a) that the citizens, men and women equally, have
the right to an adequate means of livelihood;
(b) that the ownership and control of the material
resources of the community are so distributed as best
to subserve the common good;
(c) that the operation of the economic system does
not result in the concentration of wealth and means
of production to the common detriment;
(d) that there is equal pay for equal work for both
men and women;"
But those employees joins on or after 01.01.2004 gets 90 percent of salary compared to those employees who are under Old Pension Scheme gets 100 percent of their salary; as 10 percent salary of NPS employees goes to pension fund.
It seems for equal work NPS employees deprived by 10 less salary.
Is it unconstitutional ?
Isaac Gabriel
(Expert) 22 March 2019
The NPS from 1-4-2004 is so designed that no employee is discriminated in the emoluments and the savings acrue to be paid as lumpsum on suerranuation.The OPS and the NPS operate in different directions as welfare measure and it has no element for correlation.
Dr J C Vashista
(Expert) 22 March 2019
You can move a Public Interest Litigation, if you feel so strong against government policy, although it is a welfare measure.
P. Venu
(Expert) 22 March 2019
Are you an affected person i.e. a Central Government employee who has joined service after 1.1.2004? If so you can make a representation to the Appointing Authority and if no positive response, approach the Central Administrative Tribunal or the Supreme Court under Article 32 of the Constitution.
