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Friday, December 7, 2012

PAGE 3 OF AINVSA WRIT PETITON


ANNEXURE P7
RELEVANT EXTRACT

PARLIAMENT OF INDIA
RAJYA SABHA
DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON HUMAN RESOURCE DEVELOPMENT

HUNDRED FIFTY-FOURTH REPORT
ON
FUNCTIONING OF NAVODAYA VIDYALAYAS
(PRESENTED TO THE RAJYA SABHA ON 3RD MARCH, 2005)
(LAID ON THE TABLE OF LOK SABHA ON 2ND MARCH, 2005)

RAJYA SABHA SECRETARIAT
NEW DELHI
MARCH, 2005/PHALGUNIA, 1926 (SAKA)

VI-“PENSIONARY BENEFITS TO NVS EMPLOYEES
The Committee reiterates its recommendation made in its 154th Report for provision of Pensionary benefits to the NVS employees on the same level as being given to the KVS employees. The Committee strongly feels that NVS employees need to be governed by similar service conditions including pensionary benefits as applicable to KVS employees. The Committee fails to understand the rationale for adoption of a discriminatory approach by the government towards an autonomous body having, broadly speaking, the same mandate as the other. The Committee is not convinced by the contention of the Department that 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. The Committee would like to draw the attention of the Department towards similar recommendation made by the Expert Committee constituted under the Chairmanship of Shri Y.N. Chaturvedi in June 2001 to review the Management structure and operating mechanism of NVS. The Committee would like to emphasize that the Department should approach the Ministry of Finance once again in this regard.” 


                                       
                                       True Copy    

ANNEXURE P4
MINISTER OF HUMAN RESOURCE
 DEVELOPMENT INDIA
NEW DELHI-110001
                                                  Dt.11-12-1998
MURLI MANOHAR JOSHI

Dear Shri Sinha,

                This is regarding introduction of a Pension Scheme for the employees of Navodaya Vidyalaya Samiti, an autonomous organization under the department of Education, Ministry of Human Resource Development.
        As you are aware, the National Policy of Education, 1986 envisaged establishment of pace setting schools especially for the gifted children from the rural areas. Accordingly, it was decided to set up residential schools called Navodaya Vidyalayas, on an average one in each district of the country. The basic objective of scheme is to provide quality education to the children from the rural areas coupled with social justice, implementation of three-language formula and promotion of national integration. 397 Navodaya Vidyalayas have so far been sanctioned in 30 states/UTs with about 1.18 lakh students and over 14,000 staff with all the modern inputs of education, these schools are emerging as leaders in the secondary school system in the country. In the short span of their existence, the performance of these Vidyalayas has been quite good in comparison with their counterpart institutions. 78 percent of the children in these Vidyalayas come from the rural areas. 31.91 percent student are girls and students of SC and ST categories constitute about 36 per cent. These Vidyalayas are established in the interior rural areas and have been functioning in extremely difficult circumstances. 
        In order to achieve the objective of this scheme, it is very essential to get competent and qualified young teachers  willing to serve in rural areas who will do their best for making these Vidylayas as centres of excellence. It has become very difficult to identify and attract the young talent into the Vidyalaya system as the benefit of Pension Scheme is not extended to Navodaya Vidyalaya Samiti staff. While their sister organizations like Kendriya Vidyalaya Sangathan, Tibetan School Administration, National Council for Educational Research and Training and other similar autonomous bodies in the Department of  Education have the benefit of pension, the employees of Navodaya Vidyalaya Samiti are so far denied of this benefit.
        I have been informed that a proposal for introduction of Pension Scheme in the Navodaya Vidyalaya Samiti was initiated, but it has not been approved by the Ministry of Finance. That Ministry had on different occasions advised the Samiti to work-out a suitable annuity scheme through LIC which has the necessary facilities for the purpose through a superannuation scheme based on voluntary contributions by the employees through a fund outside the autonomous body and without any liability on the autonomous body/Govt. or to consider the Employees Pension Scheme introduced by the Ministry of Labour in 1995 under Ep and misc. provisions Act. The above schemes were circulated to the employees but almost all the employees are not in favour of these schemes and have demanded a pension scheme which is at par with the Pension scheme of the Govt. particularly in view of the fact that most other organizations are having this facility.
        The denial of this benefit has created a great deal of discontentment and frustration among the employees of the Samiti. I am afraid that lack of such facilities will demoralise the employees who are working in far-flung rural areas under adverse circumstances. If a scheme like Navodaya Vidyalayas meant for benefiting rural children is to actualize its objectives, it is essential that we need to adequately motivate its employees to work for the organization. We have also experienced that a large number of teachers have been leaving for the other sister organizations in the absence of provision of the pension. Over and above, the introduction of Pension Scheme in the Navodaya Vidyalaya will definitely help us to motivate its employees for their effective contribution while it also assures a built in financial discipline in the institution. Further I have been receiving a series of  representations from peoples representatives to extend the benefit of Pension Scheme to the employees of Navodaya Vidyalayas.
      In the light of the above, I would be grateful if you kindly have the matter re-examined and accord the approval of the ministry of Finance for introduction of provision of Pension Scheme similar to those of CCS (Pension Rules) in the Navodaya Vidyalaya Samiti.

With regards,
                                                            Yours sincerely,
                                                (MURLI MANOHAR JOSHI)

Shri Yashwant Sinha
Minister of Finance,
Govt. of India, New Delhi     




                                            True Copy

ANNEXURE P5
FINANCE MINISTER INDIA
NEW DELHI-110001
                                                     February 5-1999
Dear Dr. Joshi,
                 Kindly refer to your letter No.14-3/95-NVS(VIG) dated 11th December, 1998 regarding introduction of a pension scheme on GOI pattern for the employees of the Navodaya Vidyalaya Samiti an autonomous body under the Department of Education.
        I have had the matter examined. Most of the autonomous bodies under various Ministries/Departments of the Government of India are fully funded through grants-in-aid received from the Government. My Ministry has not agreed to the proposals for introduction of pension scheme on GOI pattern for the employees of the autonomous bodies under various Ministries/Departments of the following reasons:-
i)      The cost of introduction of pension scheme is much higher than the CPF Scheme. While CPF is an one-time settlement, pension is a life-long commitment not only in respect of the pensioner but his family also. The liability on account of pension keeps on increasing with every increase/revision in pay/pensionary/benefits on the basis of the recommendations of the successive Pay Commissions, revision in the rates of dearness relief. As most of the autonomous bodies are fully funded through grants-in-aid received from the Government, Government’s liability will increase to that extent if pension scheme is introduced.
ii)     For servicing pension scheme, a pension fund is required to be set up to be managed by a Trust. Difficulties may be experienced in judicious administration of the fund.
iii)    Under the Employees’ Provident Fund Act, the accretions are invested elsewhere, the Government will lose resources to that extent.
iv)    In case the organization is wound up for one reason or the other, the Government may have to take over the entire liability for pension.
        You will kindly appreciate that in case the proposal regarding introduction of pension scheme on GOI pattern for the employees of NVS is agreed to, there would be similar demands from other autonomous/statutory bodies which are  receiving grants-in-aid from the Government for introducing pension schemes for their employees. It may be difficult to resist such demands.
        In the context of the present resource crunch and the efforts of the Government to contain the fiscal deficit within the desired limits, it would be difficult to support the proposal to introduce a pension scheme on GOI pattern for the employees of the NVS. I would therefore, once again suggest that the NVS may be advised to work out a suitable annuity scheme through the LIC based on voluntary contributions by the employees through a Fund outside the Body and without any liability on the Government. In the alternative, NVS employees may continue to be governed by the CPF Scheme or join the pension scheme for the Provident Fund subscribers introduced by the Ministry of Labour.

                         With regards,   
                                                 
                                                     Yours sincerely   
                                                    (YASHWANT SINHA)

Dr.Murli Manohar Joshi,
Minister of Human Resource Development
Shastri Bhavan,
New Delhi.





                                                          True Copy

ANNEXURE P6
RELEVANT EXTRACT
Review of Management Structure & Operating Mechanism of Navodaya Vidyalaya Samiti
REPORT OF THE REVIEW COMMITTEE SET UP BY MINISTRY OF HUMAN RESOURCE DEVELOPMENT
Deptt. of Secondary & Higher Education
Government of India New Delhi


NAVODAYA VIDYALAYA SAMITI NEW DELHI


5.8 “Yet another aspect requiring attention is in regard to certain financial facilities to teachers. The experience gathered so that clearly shows that many teachers do not find working for Navodaya Vidyalayas easy or congenial. Many teachers every year leave the service of NVS for various reasons. One reason is that  in the Navodaya Vidyalya the teachers have difficulty in arranging primary education for their children. They are cut off from the rest of the society if they work in Navodaya Vidyalayas. Of course, many teacher covet possibility of additional income through coaching, tuitions, etc. and possibility of faster advancement if they live in urban areas. In view of these facts it is necessary to think of some financial facilities to teachers. The most prominent of such facilities is making their service pensionable which is already so in KVS. The Review Committee would strongly recommend accordingly. Also, since all the Navodaya Vidyalaya are in distant rural areas, the government should consider sanctioning a rural area allowance to those who work in Navodaya Vidyalayas. It will be fair to compensate these employees for working in an environment of inadequate facilities.”
                                  

                                                


True Copy

ANNEXURE P1 colly
MODEL SCHOOL, AMRAVATI
                                                               DT.9-1-86
Subject: Offer of appointment for the post of
             Librarian in the Model School of Amravati

          The Model School, Amravati temporarily administered by NCERT, New Delhi on behalf of the Autonomous Body to be set up by the Ministry of Human Resources Development, Government of India, and to be registered under the Societies Registration Act, to manage and run the Model Schools is pleased hereby to offer Shri/Smt./N.S.Pawar____
N.S Pawar a purely temporary post of librarian on pay of Rs.440-515-EB-15-560-20-100-EB-25-750. 
The appointee will also be entitled to allowances at the rates as admissible, and subject to the conditions laid down in rules, regulations and orders governing the grant of such allowances in force from time to time, in the Model School.
(2) The service under the Model School is not Govt. Service and is governed by the rules and regulations of the Model School prescribed from time to time. The employees are entitled to the benefit of Pension-cum-Gratuity/CPF (Contributory Provident Fund) as per the rules of the Model schools. The option for CPF/Pension Scheme is to be exercised within six months from the date of appointment of the employee concerned. If the option is not received with in this period, it will be presumed that he/she has exercised for GPF/Pension.
(3)    The terms of appointment are as follows.
i)      The appointment is temporary at present. He/She will be on probation for a period of two years from the date of his/her appointment, which may be extended at the discretion of the appointing authority. During the period of probation the services can be terminated by the appointing authority without any notice and without any reason being assigned therefore. After completion of the period of probation and till he/she is confirmed the services can be terminated any time without any reason being assigned there for by the month’s notice on either side. The appointing authority, however, reserves the right of terminating the services before the expiry of the prescribed period of notice by making payment of a sum equal to the pay and allowances for the period of notice or the unexpired portion there of.
        The appointment is purely on adhoc basis and the post is reserved for SC/ST candidate. As and when such candidate is available his services will be terminated without any notice being assigned. This will not confer any right for regular appointment.
ii)     Further the appointment carries within the liability to service in any part of India.
iii)    other conditions of services will be governed by the relevant rules and orders of the model school force from time to time.
4.     The appointment will be further subject to:-
i)      production of medical certificate of  fitness from the competent medical authorities viz. Civil Surgeon, etc.
ii)     Submission of m marriage decoration in the event of the candidate having more than one wife living, or being married to a person having more than one wife living, the appointment will be subject to his/her being exempted from the enforcement of this requirement in this behalf.
iii)    Taking an oath of allegiance/faithfulness to the Constitution of India (or making of a solemn affirmation) to that effect in the prescribed form enclosed (Annexure 11)       
iv)    Production of the following original certificates at the time of joining the Model School.
        a)Degree/Diploma/Certificate of educational and other technical qualifications.
        b)     certificate of age.
        c) Discharge certificate of previous employment, if any.
        d) Certificates in the prescribed form in support of candidates claim if any, to belong to SC/ST community.
5)     If the declaration given or information furnished by him/her proves to be false or if he/she is found to have willfully suppressed any material information she/he will be liable to removal from service and other action as the Model School may deem fit.
6)     No T.A. & D.A will be admissible for joining the post.
7)     If he wishes to maintain a lien on a post in his parent deptt. he is required to make such arrangements as he seems fit on his own. The Model School will not enter into any correspondence with his parent employer nor pay any  leave salary or pension/CPF contributions to his parent employer.
8)     If Sri N. S. Pawar accepts the offer in the terms and conditions stated above, he/she should communicate his/her acceptance to the undersigned by 20.1.86. If no reply is received by the prescribed date, the offer will be treated as cancelled.
9)     It will be obligatory for him to be a member of Group Insurance Scheme as applicable to the employees of the Model School.
An attestation form (in triplicate) is enclosed which may be returned duly completed alongwith the acceptance letter.
Encl: As above.
                                                           PRINCIPAL
To
        Shri N.S.Pawar
        At P.O.Bhandari, Tah. Pasad
        (Dist) Yeotmil.
Copy to the Head, Model School Cell, NCERT, New Delhi-16.


                                      
                                      True Copy
    

ANNEXURE P1 colly
MODEL SCHOOL, AMRAVATI
                                                               DT.14-2-86
Subject: Offer of appointment for the post of
         Trained Graduate Teacher in the Model School of Amravati
  The Model School, Amravati temporarily administered by NCERT, New Delhi on behalf of the Autonomous Body to be set up by the Ministry of Human Resources Development, Government of India, and to be registered under the Societies Registration Act, to manage and run the Model Schools is pleased hereby to offer
Shri /Smt. /J.D.Dharm a purely temporary post of Trained Graduate Teacher on pay of Rs.440-515-EB-15-560-20-100-EB-25-750. 
The appointee will also be entitled to allowances at the rates as admissible, and subject to the conditions laid down in rules, regulations and orders governing the grant of such allowances in force from time to time, in the Model School.
(2) The service under the Model School is not Govt. Service and is governed by the rules and regulations of the Model School prescribed from time to time. The employees are entitled to the benefit of Pension-cum-Gratuity/CPF (Contributory Provident Fund) as per the rules of the Model schools. The option for CPF/Pension Scheme is to be exercised within six months from the date of appointment of the employee concerned. If the option is not received with in this period, it will be presumed that he/she has exercised for GPF/Pension.
(3)    The terms of appointment are as follows.
i)      The appointment is temporary at present. He/She will be on probation for a period of two years from the date of his/her appointment, which may be extended at the discretion of the appointing authority. During the period of probation the services can be terminated by the appointing authority without any notice and without any reason being assigned therefore. After completion of the period of probation and till he/she is confirmed the services can be terminated any time without any reason being assigned there for by the month’s notice on either side. The appointing authority, however, reserves the right of terminating the services before the expiry of the prescribed period of notice by making payment of a sum equal to the pay and allowances for the period of notice or the unexpired portion there of.
        The appointment is purely on adhoc basis and the post is reserved for SC/ST candidate. As and when such candidate is available his services will be terminated without any notice being assigned. This will not confer any right for regular appointment.
ii)     Further the appointment carries within the liability to service in any part of India.
iii)    other conditions of services will be governed by the relevant rules and orders of the model school force from time to time.
4.     The appointment will be further subject to:-
i)      production of medical certificate of  fitness from the competent medical authorities viz. Civil Surgeon, etc.
ii)     Submission of m marriage decoration in the event of the candidate having more than one wife living, or being married to a person having more than one wife living, the appointment will be subject to his/her being exempted from the enforcement of this requirement in this behalf.
iii)    Taking an oath of allegiance/faithfulness to the Constitution of India (or making of a solemn affirmation) to that effect in the prescribed form enclosed (Annexure 11)       
iv)    Production of the following original certificates at the time of joining the Model School.
        a)Degree/Diploma/Certificate of educational and other technical qualifications.
        b)     certificate of age.
        c) Discharge certificate of previous employment, if any.
        d) Certificates in the prescribed form in support of candidates claim if any, to belong to SC/ST community.
5)     If the declaration given or information furnished by him/her proves to be false or if he/she is found to have willfully suppressed any material information she/he will be liable to removal from service and other action as the Model School may deem fit.
6)     No T.A. & D.A will be admissible for joining the post.
7)     If he wishes to maintain a lien on a post in his parent deptt. he is required to make such arrangements as he seems fit on his own. The Model School will not enter into any correspondence with his parent employer nor pay any  leave salary or pension/CPF contributions to his parent employer.
8)     If Sri J.D.Dharm accepts the offer in the terms and conditions stated above, he/she should communicate his/her acceptance to the undersigned by 20.1.86. If no reply is received by the prescribed date, the offer will be treated as cancelled.
9)     It will be obligatory for him to be a member of Group Insurance Scheme as applicable to the employees of the Model School.
An attestation form (in triplicate) is enclosed which may be returned duly completed along with the acceptance letter.
Encl: As above.
                                                           PRINCIPAL
To
        Shri J. D. Dharm
        At-illegible
Copy to the Head, Model School Cell, NCERT, New Delhi-16.


                             True Copy
    




INDEX


S.NO.         Particulars                                             Pages

1.       Listing proforma

2.       Synopsis & List of Dates

3.       Writ Petition with affidavit

4.       Annexure P1 colly
                              
a) A true typed copy of
appointment letter dt.9-1-86
b) A true typed copy of
appointment letter dt.14-1-86

5.       Annexure P2
          A true typed copy of letter
dt. 14-8-1989 by the Navodaya
Vidyalaya Samiti

6.       Annexure P3
          A true typed copy of minutes
          Of meeting of the Navodaya
          Vidyalaya Samiti dt.12-1-92

7.       Annexure P4
          A true typed copy of letter
          Dt.11th Dec. 1998 written
          By Human Resource Development
          Minister

8.       Annexure P5
          A true typed copy of letter
          Dt.5-2-99 of the Finance
          Minister

9.       Annexure P6
          A true typed copy of extract
          Of para 5.8 of Y.N.Chaturvedi
          Report, 2001

10.     Annexure P7
          A true typed copy of the 154th
          Report of the Parliamentary
          Committee on Navodaya Vidyalayas

11.     Annexure P8
          A true typed copy of letter
           Dt.6-3-2006 written by the
          Joint Commissioner, Navodaya
          Vidyalaya Samiti

12.     Annexure P9
          A true typed copy of representation
          Dt.26-4-2008 of the petitioner

13.     Annexure P10
          A true typed copy of representation
          Dt.17-6-2008 of the petitioner

14.     Annexure P11
          A true typed copy of notification
          Dt.4-8-2009 issued by the Govt.
          Of India.

15.     Annexure P12
          A true typed copy of order
          Dt.9-2-2012 passed by the
          High Court of Jharkhand
          In W.P(S) No.4946/2008

16.     Annexure P13
          A true typed copy of resolution
          Dt.7-5-2012 of the Petitioner
          Association

17.     Annexure P14
          A true typed copy of letter of
          Authority dt.7-5-2012

18.     Vakalatnama




         



         

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION

Writ Petition (C) No.      /2012


(WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)


IN THE MATTER OF:
All India Navodaya Vidyalaya
Staff Association (Regd)
Through its General Secretay                    Petitioner
                              Versus
Union of India & ors                             Respondents





PAPER BOOK






FOR INDEX KINDLY SEE INSIDE


DEBASIS MISRA, ADVOCATE FOR THE PETITIONER

ANNEXURE P13
ALL INDIA NAVODAYA VIDYALAYA STAFF ASSOCIATION
                                                                    (Regd.No.492/94)
                                             President: JAGDISH RAI 9415656993
                                  General Secretary: L.B.REDDY 9494279001
­­­­­­­­­­­                                                                           Dated:07-05-2012
RESOLUTION


The Central Executive Committee of All India Navodaya Vidyalaya Staff Association (AINVSA) held at 15 Talkotara Road, New Delhi on 06-05-2012 under the chairmanship of Shri Jagdish Rai president, AINVSA, unanimously resolved to file a Writ Petition in the Hon’ble Supreme Court of India for the implementation of Central Civil Services (CCS) pension Scheme 1972 to the employees of Navodaya Vidyalaya Samiti.







President                                                     General Secretary

JAGDISH RAI                                                              L.B.REDDY
President                                                                General Secretary
All India Navodaya Vidyalaya                            All India Navodaya Vidyalaya
    Staff Association                                                 Staff Association                        
Central Executive Committee                               Central Executive Committee
JNV, Jiyanpur, Azamgarh, UP                            JNV, Mamnoor, Warangal (AP)


ANNEXURE P14
ALL INDIA NAVODAYA VIDYALAYA STAFF ASSOCIATION
                                                                    (Regd.No.492/94)
                                             President: JAGDISH RAI 9415656993
                                  General Secretary: L.B.REDDY 9494279001
­­­­­­­­­­­                                                                           Dated:07-05-2012
Authorization


I, Jagdish Rai, President, All India Navodaya Vidyalaya Staff Association (AINVSA), here by authorize Shir L.B.Reddy, General Secretary, All India Navodalay Vidyalaya staff Association (AINVSA) to file a Writ Petition in the Hon’ble Supreme Court of India on behalf of association, for the implementation of Central Civil Services (CCS) pension Scheme 1972 to the employees of Navodaya Vidyalaya Samiti.



Camp: 15 Talkotara Road
New Delhi

                                                                                       President                                                               
                                                                          

                                                                             JAGDISH RAI                                                             
                                                                             President 
                                                                 All India Navodaya Vidyalaya                                                             
                                                                     Staff Association                                                
                                                                 Central Executive Committee                              
                                                                JNV, Jiyanpur, Azamgarh, UP        

LISTING PROFORMA
IN THE SUPREME COURT OF INDIA
1
Nature of the matter

Civil Writ  
2
a) Name(s) of Petitioner(s)
b) E-mail ID

All India Navodaya Vidyalaya Staff Association
N.A.
3
a) Name(s) of Respondent(s)
b) E-mail ID

Union of India & ors
N.A.
4
Number of case

W.P(C) No.     of 2012
5
a) Advocate(s) for Petitioner(s)
b) E-mail ID

(DEBASIS MISRA)  
N.A.
6
a) Advocate(s) for Respondent(s)
b) E-mail ID

N.A.
N.A.
7
Section dealing with the matter

X
8
Date of the impugned Order/Judgment

N.A
8A
Name of Hon’ble Judges

N.A
8B
In Land Acquisition Matters


i)
Notification/Govt. Order No.(U/s 4.6)
Date
Issued by Centre State of

N.A
ii)
Exact purpose of acquisition & village involved

N.A
8C
In Civil Matters


i)
Suit No., Name of Lower Court

N.A.
ii)
Date of Judgment

N.A.
8D
In Writ Petitions:



“Catchword” of other similar matter

N.A.
8E
In case of Motor Vehicle Accident Matters



Vehicle No

N.A.
8F
In Service Matters


i)
Relevant service rule, if any

N.A.
ii)
G.O./Circular/Notification, if applicable or in question

N.A.
8G
In Labour Industrial Disputes Matters

N.A.

I.D. Reference/Award No., If applicable

N.A.
9.
Nature of urgency

N.A
10
In case it is a Tax matter


a)
Tax amount involved in the matter

N.A.
b)
Whether a reference/statement of the case was called for or rejected

N.A.
c)
Whether similar tax matters of same parties filed earlier (may be for earlier/other Assessment Year)?

N.A.
d)
Exemption Notification/Circular No

N.A.
11
Valuation of the matter

N.A.
12
Classification of the matter:



(Please fill up the number & name of relevant category with sub category as per the list circulated).



No. of Subject Category with full name



No. of sub-category with full name


13
Title of the Act involved (Centre/State)

Constitution of India
a)
Sub-classification (indicate Section/Article of the Statute)

Articles 14 & 16
b)
Sub-section involved

N.A.
c)
Title of the Rules involved (Centre/State)

N.A

d)
Sub-classification (indicate Rule/Sub-rule of the Statute)\

N.A.
14
Point of law and question of law raised in the case

Whether the petitioner is not entitled to CCS Pension Scheme 1972?
15
Whether matters is not to be listed before any Hon’ble Judge?

N.A.

Mention the name of the Hon’ble Judge

N.A.
16
Particulars of identical/similar cases, if any

N.A

Pending cases

N.A.

Decided cases with citation

N.A.
17
Was S.L.P./Appeal/Writ filed against same impugned judgment/order earlier? If yes, particulars

N.A.
18
Whether the petition is against interlocutory/final order/decree in the case

N.A
19
If it is a fresh matter, please state the name of the High Court and the Coram in the Impugned Judgment/order

N.A
20
If the matter was already listed in this court

N.A.
a)
When was it listed?

N.A.
b)
What was the Coram?

N.A.
c)
What was the direction of the Court?

N.A.
21
Whether the date has already been fixed either by Court or on being mentioned, for the hearing of the matter?  If so, please indicate the date fixed

N.A.
22
Is there a Caveator? If so, whether a notice has been issued to him

N.A.
23
Whether data entered in the Computer?

N.A.
24
If it is a criminal matter, please state


a)
Whether accused has surrendered

N.A
b)
Nature of Offence i.e., Convicted under section was Act

N.A
c)
Sentence awarded

d)
Sentence already undergone by the accused

e)
i)
FIR/RC/Etc

N.A.


Date of Registration of FIR etc

N.A.


Name & Place of the Police Station

N.A.

ii)
Name & Place of Trial Court

N.A


Case No. in Trial Court and Date of judgment

N.A

iii)
Name and Place of 1st Appellate Court

N.A


Case No. in 1st Appellate Court & date of judgment –

 N.A



Date:20-11-2012
(DEBASIS MISRA)
Advocate for the Petitioner
                  

ANNEXURE P8
Fax:29244151
Tele:2944153(EPABX)
29224170 (Direct)
NAVODAYA VIDYALAYA SAMITI
(An autonomous organization of Ministry of
Human Resource Development, Department of
Secondary & Higher Education),
A-28, Kailash Colony, New Delhi-110048
                                                              Dated:March 6, 2006
No.F.14-3/95-NVS (Admn)

To,
          Shri Kamal Chaudhary
          Director, UT(1)
          Ministry of Human Resource Dev.
          Department of Secondary & Hr.Edn.         
New Delhi.

Sub: Introduction of Pension Scheme in Navodaya Vidyalaya Samiti.

Sir,
         
               It has a reference to letter No.5-7/98-UT(1) dated January 1o, 2006 vide which financial implication of the introduction of pension scheme in Navodaya Vidyalaya Samiti has been sought.

2.       Adoption of CCS (Pension) Rules 1972 by the Navoday Vidyalaya Samiti has been a long pending demand of the employees of the Samiti. A number of efforts made earlier in this regard have not borne fruit on account of the concerns regarding the cost of adoption of the pension scheme. It was discussed in a meeting with Secretary (Edn.) on 20.9.2005 where it was decided to take up the matter to the Cabinet. A cabinet note on introduction of pension scheme was accordingly prepared and sent to you vide letter No. F.14-3/95-NVS (Admn dated 27.9.2005. The Ministry desired that the financial implication of the introduction of the scheme should be worked out.

3.       Samiti engaged Shri Bhudev Chatterjee, Actuary for the purpose of working out this implication, information on number of employees in various age groups and pay scales and the length of service already rendered by them and the CPF corpus available for transfer to pension fund was made available. The Actuary has since submitted his report,  a copy of which is enclosed herewith.

4.       The report concludes (Para 9 and certificate of solvency refers) that if the employees’ share of contribution upto 31.3.2005 (Rs.103.82 crores) is transferred to the pension fund by 31.3.2006 and an annual contribution @ 18% of salary is made on monthly basis w.e.f.1.4.2006, it will be financially viable to adopt the pension scheme in Navodaya Vidyalaya Samiti.

5.       It is for favour of further necessary action at your end please.
                                                                          Yours faithfully

                                                                 (Dr. Rakesh Kumar)
                                                            Joint Com

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