Review Petition OR to Supreme Court?

   AINVSA/CEC/2011-12/125                                        Dated 14^th March,2012

To

Sri P N Misra

Office Superintendent

Jawahar Navodaya Vidyalaya

Ranhi

Sub : Request to file Review Petition on the dismissed Writ before

          approaching  Supreme Court.

Dear friend,

At the outset  I appreciate for your initiative  and hard work to file a writ petition in the High Court of Ranchi for GOI Pension and mobilize the entire staff community of NVS to support both emotionally and financially. Nevertheless  your writ petition (WP (S) No.4946of 2008 and IANo. 3585 of 2011 was dismissed through the verdict pronounced by the Court consisting Hon’ble Chief Justice and Justice Apersh Kumar Singh.

The court verdict was a rude shock to every Navodayan as it has imperiled our existence. Taking into consideration the  following two fatal pronouncements contained in the court verdict we have to be very cautious while moving the Supreme Court on this issue.

1.             The writ petition is without any merit and accordingly, dismissed.

2.             The writ petitioner has failed to make out a case for issuance of any direction or mandamus upon the respondents in the manner prayed by him in para 1 of the writ petition.

In this crucial context in the  larger interest of our staff , we have to take some urgent measures.

On the basis of my experience and understanding the entire tenor of the court pronouncementsI would like to make following requests:

At this time we should not think of going to the Supreme Court. Instead, we must file Review Petition in the Ranchi High Court.  We have to give utmost importance to the facts stated by the Hon’ble High  court in the 15^th to 17^th paragraphs.

Even before the commencement of the arguments we had offered our cooperation and sharing of all the documents with you through the principal, JNV Ranchi. After reading the judgment , unequivocally I can state that , if you had made use of the documents under our custody, the fate of the entire case would have been a different one.  Unfortunately you did not pay heed to our requests.

I understand that the case was dismissed mainly because of the lack of necessary documents. If you go to the Supreme Court without necessary supporting documents, the fate will be terribly catastrophic.

So I request you to take immediate steps to file a review petition in the High Court before filing a case in the Supreme Court.  If you make  a request we are ready to fax or send by speed post all documents under our custody.   A delay in filing the review petition will spoil our chance. Moreover at the time of filing review petition, make it in the name of AINVSA and include Shri. J.K. Singh also.  The copy of the Registration Certificate of the AINVSA also may be attached along with the review petition.   It is better to go to the Supreme Court only after getting the verdict of the review petition.

So I request you to take right steps which would be  beneficial for all the employees of NVS.

                 

                                                                  Thank you,

                                                                          Yours faithfully,

                                                                                                                     

                                                                                                   (T P Mani)                                                                                                    

                                                                                     National President

                                                                            AINVSA,CEC

Copy to: All CEC Members of AINVSA

              All JNVs