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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 )

1 comment :

J. C. Gupta said...

The people at JNV Ranchi overwhelmingly put the bright side of the case before whole navodaya community & not used their HOSH (Sense) & called for the submission of waqualatnama from each & every staff who has joined the NVS prior to the 01/4/2004. Its a sorry state of affair that the waqualatnama submitted by the whole navodayans was rejected by the honble court in its first sight.

Honble high court Ranchi decided the case considering the personal position of Mr. Mishra in NVS as a deputationist. The case is being decided one sided in the favour of Govt. The copy of the decision as i gone through does reflect that not much spade work has been done by the pettitioner or the lawyers representing him before the honble court. This case is in no way presentable before the honble supreme court further.

As all are feeling insecurity without pension they responded to the call of jnv ranchi without going in to the facts & fictions in the matter. The Mony collected by JNV Ranchi by showing a painted picture (Not the factual positions) be returned to all the schools without making any adjustment out of it.

Further I would like to appeal to all the forums & Fractions of the navodaya/ NVS staff & officers to come together & decide the future course of action to achieve our cause. No path has come to the close.

Dear all as a teacher daily we sermonize to our students if you want to achieve something in life determination is a must(TUM JIS BHI CHEEZE KO PAANE KA PRAN KAR LOGE USE PAANE SE TUMHE KOI NAHI ROK SAKTA). but here in our case we are not seem to be determined to get the pesion & other things which we are deserving to. we talk to our children with an artificial face as when it comes to follow the same thing in our life & matters we fail. it (the pension issue) may be our one of the issues to make hue n cry to become so called unionists.

what has compelled us to make different forums/ unions to further our cause seperately with devided opinion & fractured representations?

J. C. Gupta
JNV Champawat