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Saturday, March 28, 2015

AINVSA OBJECTS CCE PATTERN OF EXAM


AINVSA  requests all staff to make the parents write letters / submit Memorandum to CBSE to stop the CCE Pattern of Examination with immediate effect....

HRD Ministry and CBSE is on the verge of doing away with CCE in IX and X  ....Hence to make this decision  more stronger, the parents and students should write letters to the Chairman CBSE  or submit Memorandum stating their opinion how CCE has affected their students development on the contrary,  the results affected etc.,, that they don't want CCE types / patterns to evaluate their wards.

" GO AWAY CCE , WE DONT WANT FOREIGN PATTERN IN INDIA"   - AINVSA
       

WHERE THERE IS A WILL THERE IS A WAY; REACTIONS OF S.C VERDICT OF NO OLD PENSION TO NVS




GENERAL  FEED BACK RECEIVED FROM THE INTELLECTUAL CLASS OF NVS EMPLOYEES WITH RESPECT TO THE SUPREME COURT’ VERDICT 

SOLUTION 1. The  letter of the Finance Ministry dated 05-02-1999 to the HRD Ministry that an annuity scheme may be formulated with LIC by employees contribution alone without any liability of the Government. NVS employees should ask from our HRD Ministry and NVS Hqrs itself and should chalk our own Avenue of getting PENSION which is not Market dependent., in compliance with the above direction of Finance Ministry. NVS employees should do away with asking Old Pension GOI 1972 Scheme and accept such intermediate  solution as retirement benefits.  Being autonomous it can  formulate its own way of giving Retirement benefits to its employees, apart from CPF Consolidated fund.

SOLUTION 2. Navodaya Vidyalaya Samiti was formed in 1986 but model schools already existed  in 1985.The appointment letters given to employees in 1986,  had given the option to join either the CPF Scheme or Pension Scheme. Testimonials are Appointment letters dt.9-1-86 and 14-2-86 . On special case,  as the inception was tentative made earlier in the year 1985 itself  , the Memorandum dt 1-5-1987 should be implemented retrospectively to NVS.

 The Ministry of personnel, Public Grievances and Pension vide memorandum dt.1-5-1987 accepted the recommendation and allowed all the central Government employees, including central Autonomous Bodies Pension w.e.f 1-1-86.

SOLUTION 3. JNVS cannot claim as of a right to be governed by the Central Civil Service (Pension) Rules, 1972 as they are not employees of the Central Government. NVS employees should demand merging of NVS with KVS and hence synchronised  to be known as KV day school and KV Residential ( ie NVS). The employees Associations should write letters to the 7th Pay Commission asking for merger of Jnvs with KVs

SOLUTION 4. The Finance Ministry should be convinced that NVS should be treated at par with all autonomous bodies especially those getting Old Pension Scheme. An expert committee should be appointed by the Government   for proper examination and comparision of NVS with other previliged Autonomous bodies ,  instead of blindly complying to  the Court ‘s discretion or decree.  The Petitioners/ Appellants should ask S.C to formulate a Commission to inquire the truths of Inception, working hours, etc of all Autonomous bodies vis-à-vis NVS.

       Note Please:   Kindly send your suggestions different from this to sajith_nair12@rediffmail.com to display here in this blog., or write as comments herein.

 

 
 

Thursday, March 26, 2015

Intrepretation of S.C Decision for Future Plan by NVS employees


       INTERPRETATION AND DEFENCE OF SUPREME COURT DECISION 

Jawahar Navodaya Vidyalaya was conceptualized in 1985 and two model schools were started, one each at Jajjhar in Haryana and Amravati in Maharashtra. However, the Jawahar Navodaya Vidayala Samiti was established under the Registration of Societies Act, 1960 on 28-02-1986.

Jawahar Navodaya Vidyalaya schools have been established under the aegis of the Ministry of Human Resource Development, Government of India. The employees of Jawahar Navodaya Vidyalaya Samiti (“JNVS”) demand   that they be brought under the GPF-cum-Pension Scheme like their counterparts in other educational institutions, like Kendriya Vidyalaya Samity (“KVS”), IITs, Sainik Schools, NCERT etc. However, they have continued to be governed only by CPF Scheme and are   excluded from the Pension Scheme till 2004.

 

1.      OLD PENSION SCHEME to NVS employees FAVOURED  by HRD Ministry, Various Committees and Commissions etc.

 In any case, the demands of the employees of JNVS have been supported as well as voiced by various Government functionaries including Ministry of Human Resource and Development through its letter to the Finance Ministry in 1998 seeking approval of the Finance Ministry to introduce the Pension Scheme to JNVS, Y.N. Chaturvedi Committee Report on Review of Management Structure and Operating Mechanism of Navodaya Vidayala Samiti, Parliamentary Committee on Functioning of Navodaya Vidayala Samiti through its 154th, 184th and 198th Reports. All these committees have strongly recommended that the employees of JNVS be brought at par with the employees  of Kendriya Vidayalaya and be given similar service benefits, including pension under 1972 Rules.

Review Committee set up by the Ministry of HRD under Chairmanship of Shri Y.N. Chaturvedi to review the Management Structure and Operating Mechanism of JNVS, 154th report of the Department Related Parliamentary  Committee on functioning of JNV which was laid before Lok Sabha on 02-03-2005, Cabinet Note prepared by the Ministry of HRD in March 2006 which specifically pointed out the need to extend the Pension Scheme under 1972 Rules to the employees of JNVS, 198th Report of the Department Related Parliamentary Committee submitted on 17-08- 2007 which strongly recommended for implementing the Pension Scheme to the employees of JNVS.  Even the Ministry of Labour and Employment by its O.M. dated 07-09-2006 to the Ministry of HRD, recommended extension of Pension Scheme to NVS.

 

2.      RESOLUTION BY EXECUTIVE COMMITTEE OF NVS

The Executive Committee of JNVS had adopted a resolution which proposed the application of Central Government Service Rules to its employees mutatis mutandis till the Samiti framed its own rules. But the resolution has not been shown to have been approved by the Government or District Inspector of Schools, contends Supreme Court Verdict.

However, the major hurdle in implementation of Pension Scheme to the employees of JNVS has been the financial constraints as the Finance Ministry never gave a go-ahead for such implementation.

3.      ACTUARY  CONFIRMS FINANCIAL FEASIBILITY BY NVS  EMPLOYEES’ OWN CONTRIBUTION & FUND.

To substantiate their claim, JNVS engaged an actuary to determine the financial feasibility of implementing the Pension Scheme to JNVS employees and it was found that if the employees contribution upto 31.03.2005 is transferred to the Pension Fund by 31.03.2005 and annual contribution of @18% of salary on monthly basis from 01.04.2006, the implementation of the scheme is financially viable.

Joint Commissioner (Admn) thereafter vide letter dt. 6-3-2006 apprised the Director UT (1) Ministry of Human Resource Development Department of secondary and Higher education of this.

4.      NVS Employees objects the NEW PENSION SCHEME:

The Government of India introduced the New Pension Scheme for the NVS employees effective from 1-4-2009. Those who were appointed prior to 1-4-2009 were given an option to join the New Pension scheme or continue with the existing CPF scheme of NVS .

The employees claim that New Pension Scheme was also discriminatory as it is not at par with the Pension Scheme under 1972 Rules. The existing employees were put under Tier-II of the New Pension Scheme and the employer's contribution was not available to them. Further, the New Pension Scheme did not include any family pension, medical benefits and death gratuity.

But those who have joined NVS before 1-1-2004 will never get new Pension Scheme.. They will have to accept only   CPF Scheme.

 An organization having contributory Provident fund Scheme should continue to be governed by that scheme as the new Pension Scheme was only applicable to the organizations which earlier had GPF-CUM-Pension Scheme prior to 1-1-04.

MISHRA FILED WRIT PETITION AGAINST NEW PENSION SCHEME:

JNV employees filed W.P(S) No.4946/2008 seeking the relief of issuance of direction to the respondents to implements CCS Pension Scheme,1972 and also to quash the New Pension Scheme being arbitrary and discriminatory before the Jharkhand High Court which had been dismissed by order dt. 9-2-2012.

 The cut-off date 1-1-2004 for New Pension Scheme   is the   domain of the employer.  S.C asserts that there is no arbitrariness or discrimination in respect of New Pension Scheme.

5.      PRINCIPLE OF EQUAL PAY FOR EQUAL WORK:

Learned Additional Solicitor General on behalf of UOI  stated that it is an administrative decision which is made keeping in mind various determining factors and that it cannot be said all schools and educational institutions constitute one class.

S.C avoided applying the principle of equal pay for equal work. That there should be complete and wholesome identity between the two groups and that the matter should be sent for examination by an expert committee appointed by the Government instead of the Court itself granting higher pay)”

6.     4TH PAY COMMISSION

The IVth Pay Commission in para 9.8 recommended that “In so far as the CPF beneficiaries still in service on January1, 1986 are concerned, we recommend that they should be deemed to have come over to the pension scheme on that date unless they specifically opt out to continue under the CPF Scheme. The CPF beneficiaries who decide to continue to remain under that scheme should not be eligible on retirement for ex-gratia payment recommended by us for the CPF retirees.”

            The Ministry of personnel, Public Grievances and Pension vide memorandum dt.1-5-1987 accepted the recommendation and allowed all the central Government employees, including central Autonomous Bodies Pension w.e.f 1-1-86.

The employees of NVS contends that the Office Memorandum of the Department Public Grievances and Pensions Department of Pensions and Pensioners’ Welfare dated 01-05-1987 to the employees of JNVS just like it was applied to the KVS

JNVS was not in existence at the time of cut-off date 01-01-1986  applicable under the O.M. dated 01.05.1987 The Navodaya Vidyalaya Samiti was established and registered under the Societies Registration Act, 1860 only on 28-02-1986, so its employees cannot be in service as on 01- 01-1986 nor CPF Benefacories. Aforesaid OM is applicable to KV because the KVS was established in 1965.

Navodaya Vidyalaya Samiti was formed in 1986 but model schools already existed  in 1985.The appointment letters given to employees in 1986,  had given the option to join either the CPF Scheme or Pension Scheme.(Testimonials are Appointment letters dt.9-1-86 and 14-2-86 )

7.      Autonomous Bodies

Rule 149 (4) (iv) of General Financial Rules of the government of India which provides as follows:

”All Autonomous Bodies or granted institutions which receive more than 50% of their recurring expenditure in the form of grant –in-aid should formulate terms and conditions of service of their employees so that by and large they are broadly comparable to those applicable to similar categories of employees in Central Government”.

Navodaya Vidyalaya Samiti is an autonomous body 100% funded by the Central Government in line with Kendriya Vidayalayas, Sainik Schools, Central Schools etc. , which are also cent percentage autonomous bodies .

Its constitutional/fundamental right to equality guaranteed by Articles 14 and 16 of the constitution of India, applicable to financial implications as well.

JNV employees not totally Central Govt Employees

JNVS cannot claim as of a right to be governed by the Central Civil Service (Pension) Rules, 1972 as they are not employees of the Central Government.  In A.K. Bindal (supra), this Court has held that employees of Government companies are not Government servants.JNV employees are employees  of the autonomous body that is Navodaya Vidyalaya Samiti which has all the control on the organization.

8.      Fundamental rights cannot be violated on the grounds of financial constraints

The only reason for not providing pension as per 1972 Rules has been the financial implications which becomes apparent from the letter of the Finance Ministry dated 05-02-1999 to the HRD Ministry that an annuity scheme may be formulated with LIC by employees contribution alone without any liability of the Government.

                  BUT RIGHT TO PENSION NOT A FUNDAMENTAL RIGHT

Many ingredients go into shaping of the wage structure of any organization, including the economic capability of the employer.Right to pension is not an inherent right of every employee but it flows from the rules of the Government. if the employee is not entitled to the pension as per the rules governing his/her service conditions, he/she cannot claim it. The employees of NVS were not promised any pension at the time of their appointment and no deductions were made during their service towards any pension fund. Hence the employees have not  been denied what was rightfully theirs.

 

-            COMPILATION BY S.S.NAIR , Dy. Gen.Secy AINVSA

 

Disclaimer: This is only an interpretation, the readers and users are to do with their own discretion, the compiler do not hold any liability whatsoever.

 

 

Friday, March 20, 2015

RECOGNITION MATTER ASKED IN RAJYA SABHA TO Hon.HRD MINISTER


Format of Covering and Option Form to be sent to RO Pune



PUNE REGION STAFF OPT FOR AINVSA TP MANI GROUP BECAUSE...

          A MESSAGE  FROM PUNE REGION AINVSA OFFICE BEARERS
                   

                             GO FOR AINVSA  TP MANI    :THE EPITOME OF SACFRICE”

AINVSA Comprises all staff….Hqr officials, RO Officials, Principals, VPs , OS, UDC/LDCs, TEACHERS, D Staff, Nurses…it accepts all  teaching and non teaching and takes care of all in its charter of demands.

 JOIN THE STRONGEST ASSOCIATION OF NVS . …UNITY IS STRENGTH…..JOIN THE MAJORITY.  IF YOU ARE WITH US, WE ARE WITH YOU.   IF YOU HELP US NOW, WE WILL HELP YOU IN FUTURE

              All the Principals  ,V.Ps , Teaching and Non-Teaching staff   of Pune Region

        Humble request to cooperate and guide the staff in submission  of AINVSA Forms 

Its found that Pune Region lags behind in submission as the Office staff had refused in most of the Vidyalayas to accept the forms or forward the same through Proper channel to the Regional Office Pune, stating that it’s a Union matter and we are not supposed to accept and forward the same.

The Vidyalayas which had accepted had not forwarded…. Howsoever only 11 Vidyalayas had submitted   at that time …as per RO’ s  reports

Now AINVSA is on the verge of getting Recognition… As asked by an M.P in Rajya Sabha….'check of sytem 'shall be implemented soon  ie.., deduction of Rs 10/ monthly as subscription fee of AINVSA  amounting to Rs 120/ Annually. (TP Mani group)

Hence open www.ainvsa.blogspot.com and send as guided therein.

A)     BY EMAIL  -   Scanned copies

B)      BY SPEED POST-  Only Xerox copies of your Forms

C)      Retain the ORIGINAL HARD COPY   with you--- until further orders….ie to be sent to AINVSA.

The office bearers of AINVSA Suggests the staff   of Pune Region to  go for AINVSA T.P Mani… .i.e in Option form write the number of Staff that have filled the form in AINVSA TP MANI GROUP Column

                                            AINVSA TP MANI GROUP
Shri T.P Mani is the founder President of AINVSA . He was transferred to Andaman Nicobar Islands once for his staff welfare activities… has sacrificed much, is a man of Gandhian Principles….living with moto ‘simple living high thinking’.

Recently also he has been transferred on administrative ground only for objecting some of the   improper methodology , ill mode of working by his  Jnv  and NVS  supporting it. Howsoever, he has knocked the doors of C.A.T  himself , taken an injunction ( stay) and RETAINS his same Parent JNV . He has never asked for the members to fight for him, INSTEAD  stopped the office bearers from   raising a voice or unifying the JNV staff of all Regions for such grave injustice.

A National President of an All India level Association of such cadre not getting immunity from disciplinary action on a trifle Vidyalaya level issue  and instead penalised … is incredible and only suited to NVS Department.
Still it’s the Humility   that he succumbs to staff welfare measures with more vigour and ready to bear any consequences.

SHOULD NOT WE PAY TRIBUTE TO HIS SACRIFICE BY VOTING FOR HIM…. IS IT NOT PART OF OUR COURTSEY TO BE HIS MEMBER…..SHOW OBLIGATION TO HIM  at this hour of need.  If we do not fight for him, at least respect his sacrifice and  appreciate his altruism, his bravery , dedication and Services  to us….
                           JOIN THE TEAM/GROUP   OF RESPECT AND VALOUR:  AINVSA TP MANI
If you feel the way our CEC Members feel….Please forward this message to all JNV STAFF in Pune Region through  all modes and  social media

-            AINVSA  OFFICE BEARERS  of PUNE REGION

Thursday, March 19, 2015

1.Membership form 2. Authorisation letter 3. Option form to b sent Urgently by All JNVs in Pune Region



All Units in Pune Region

R.O Pune states that they have not received Association Membership details.  Consequent upon this kindly take a print of the Uploaded form  and Authorisation letter proforma here, get it duly filled by all Regular members with photographs and signed by the Unit President /Secretary as Authorised Office bearer at the end of Form.

Pls take a scan of the filled hard copies of the same and send it by email to nvsropune@rediffmail.com  with a c.c to raghunathtonde15@gmail.com  and  sajith_nair12@rediffmail.com today itself.  As the last date of reaching RO Pune is 20 March 2015.  Take a photocopy of all forms of the Unit and send it in one cover addressed to  The Deputy Commissioner, NVS RO Pune.

Request the O.S / UDC of your Unit to fill the Option form  sent earlier to all JNVs by RO Pune/
                            OPTION FORM to be filled by Vidyalaya Office
AINVSA Mani Group  or  AINVSA Reddy Group or NVSEWA or any other Association

Write the total number of Filled forms  in  eg., in AINVSA Mani Group..