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)
|
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N.A
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d)
|
Sub-classification (indicate Rule/Sub-rule of the
Statute)\
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N.A.
|
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14
|
Point of law and question of law raised in the case
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Whether the petitioner is not entitled to CCS Pension Scheme 1972?
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15
|
Whether matters is not to be listed before any Hon’ble
Judge?
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N.A.
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|
|
Mention the name of the Hon’ble Judge
|
|
N.A.
|
|
16
|
Particulars of identical/similar cases, if any
|
|
N.A
|
|
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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
|
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20
|
If the matter was already listed in this court
|
|
N.A.
|
|
a)
|
When was it listed?
|
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N.A.
|
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b)
|
What was the Coram?
|
|
N.A.
|
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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.
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|
|
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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