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Friday, November 25, 2011

Reg RANCHI COURT CASE by Rajan K M, correspondent, NPF


To 24/11/11
Mrs.P S Bara
Principal & Co-ordinator of Ranchi Court Case
JNV Ranchi,Jarkhand

Subject : W.P(s)No.4966 of 2008 - Shri.P N Mishra v/s The Union of India & Others

Respected Madam,

Thank you for sending the Vakalatnama, affidavit and the resolutions of the meeting held at JNV Ranchi.
It is encouraging to learn that the case has been taken up by Supreme Court Advocate Shri Manoharlal Sharma and has seemingly got a momentum at the fag end. However, the following apprehensions still remain in the minds of many:

1. The writ is a personal one( Shri.P N Mishra v/s The Union of India & Others) So will it be beneficial to others who file the vakalatnama ?

2. The one point that is contested in the whole case is the Gazette notification dated 31.07,2008, when there are 100s of contentious points with real razor edges to pin down NVS. However NVS claims that there is no notification dated 31.07.2008 regarding introduction of NPS. Petitioner is referring to PIB dated 31.07.2008. Govt. had never given assurance to grant CCS Pension Rule.( Respondent’s Reply of Ranchi RC). Hence other vital points which are in thefavour of NVSstaff may be projected

3. The legal validity of the case was discussed by NPF members with an eminent advocate & it is learnt that , the above Ranchi HC case covers only staff who are working in the state of Jharkhand & as such ‘Vakalatanama’ from Navodaya staff of other states may not be legally valid. This point mayplease be discussed in detail with your Advocate.

4. The winnability of the case is not gauged any where. Lack of proper arguments is indicative of this missing points. The arguments raised is sometimes not closely connected to this case such as Jt. Commissioner/ Deputy Commissioner not competent being employees/ Jt.Commissioner is not competent to make statement on behalf of Governement. ( Reply of Shri. P N Mishra R/02 22 June 2009) In addition the statement made by Joint commissioner/Deputy commissioner the statement MHRD Government of India may also be sought.

5. The list of organisations such as IGNOU Konkan railways NIOS Inter University Council and other 16 organisations who implemented CCS pension after establishment of NVS is not annexed. (Reply of P N Mishra R/03)

Hence it is my request to your good self to be very cautious in this regard. May propose the following vital steps:
1. Take driver’s seat and steer the course of case properly. Don’t allow the advocate to drive a long journey.

2. Get all remaining documents to buttress the case.

3. We hope we can help you out in this matter in the most effective way.

4. The legal signification of the case, even if it is infavour of Shri. P.N Misra is doubtful as other NVS Staff may still have to fight it out individually these incurring further expenditure. However NPF, the only forum which is authorised to take up the case on behalf of whole NVS staff still feels that this sincere attempt of shr. PN Misra needs to be extended with all moral support and a nominal financial support to that extent which is necessary.
NPF is seriously contemplating to file a strong case in the Supreme Court and is in the process of placing all relevant and necessary document which is in possession of AINVSA and other association since 1994. The winability of the case is very bright and NPF seeks unanimous support of all NVS staff cutting across the cadre and the union affiliations. A detailed letter this regard is shall be sent by NPF shortly.
It is also to note that the expenses required to fight the case has not been mentioned clearly. In the request to send Rs.1000 by each staff it is expected to fetch Rs.1.8core which is a huge sum of money to fight a high court case. The amount may be collected school wise at the rate of Rs.2000 which is reasonable and realistic.

Please let we know of your opinion as it is the case of 17312 staff and their dependents.

Kindly call back: 09497419144 (Rajan K M, correspondent, NPF )

I request all office bearers of Navodaya Pension Forum to get into a unanimous opinion and support the case and save our lives so that I can make official communication.

Pls. send your opinion. This will help us in our future course of action.

(Rajan K M, correspondent, NPF )


A MESSAGE circulated in Pune Region by SAJITH NAIR through email on 31 Oct,2011
Dear Friends and Comrades,
A very happy new year to all of you !! A good news to all of you, that once again all the registered associations of NVS have come under one roof to fight for our age old demand of PENSION GOI 1972. Kindly log on to to read the minutes of the meeting whereupon you will peruse that all these associations got united and are going to file a court case- a legal suit for this demand. Please write as comments underneath if you have a different opinion or simply contact Shri K.M Rajan or Shri. JK Singh, who are the correspondents for the this Navodaya Pension Forum presently. Write your views boldly if you have any reservations thereon, and get it cleared instead of backbitting or discouraging others thereof. Its heard that a few are collecting amounts in the name of Pension or Stepping up court cases in Gujarat. It is humbly advised once again to all these audacious persons not to get involved in legal trifles by iniatiating such ventures personally or in the name of AINVSA or any forum unless given the task by the office bearers as mentioned in the minutes. Please note that the persons authorised by this forum should only venture for the same, which would be communicated in future. If anyone is remitting any amount to anybody, are doing at their own risk and the so called leaders or person/s accepting such amounts would only be accountable individually for the accounts and tranparency thereof, answerable to the hearings and cross-examinations in the court case as such.
Yours faithfully
Gen.Sec AINVSA Gujarat Unit

I have been watching and also involved in this struggle right from the beginnig. I had already told the way this struggle is going on would yield to zero result.Any way, if some of you want to fight the case in the court and very much hopeful that we will win this case in the Suprme Court, please publish the very opinion of the lawyers you have consulted in writing on the web site under which rule we are entilted for pension. I would also like to suggest , if now you really talk of honesty and transparency, at least obtain minimum assurance from the lawyer that we would win this case. An what is the minimum persentage guarantee? How far the case is strong pointwise? What are the sections and constitutional remedies go in our favour? Is the lawyer really sympathetic to us? If yes, can he/she share our liability? Can he assure that he would charge 50% fee after he wins the case? Simply appealing for money will not do. People have lost all faith in the AINVISA. We have seen many histrionics and rhetorics of our so called leaders.I have seen people changing grounds for their favour and greed.Even then I wish you all success and respect your will to fight for our right.This is my first letter to you an may be the last if you try to write sentimental and emotional letter in reply. I want a legal and mathematical reply on the doubts which I have raised here. This is a letter from a man who knows how to call a spade a spade.
Yours sincerely an truely,
Prasad A K  

Forwarded by Mr Nair to NPF Office bearers and National Correspondents on 6 Nov,2011

Respected Sirs

There is a good suggestion from Sh. A.K Prasad, one of the veterans of Navodaya Vidyalaya and a good comrade in this struggle for Pension GOI. He has been showing good spirit and rationality in this suggestion forwarded herewith. Kindly answer this in a mathematical and logical way to him and oblige... which are in the minds of many, myself included. I have always withheld and restrained myself from collection of any financial help for this matter.. In this case too, kindly depute some honest and reliable person in Gujarat for collection of the fund for this purpose.,if you are accumulating it at State level or fix some strategy at the Vidyalaya level so that only that representative should collect the amount. Fix amount should be decided to be contibuted at the designation level., if this proposal is going to materialise. Prior to all this kindly clear all the doubts of the employees and comrades who have some reservations, or skeptical about the same. The assurity level and the fifty percentage fees disbursement only to the lawyer is appreciable suggestion. We should take suggestions and advice in good spirit, in a positive way. People are not going to contribute generously and magnanimously unless their doubts clarified... I have circulated the minutes in Gujarat and Pune Region. Kindly direct Sh.R.N Tonde, the deputed Gen.Sec of Pune Region to carry on further correspondence and commmunication in Pune Region, including Gujarat for this purpose.
Thanking you
Yours faithfully