Dear
friend,
Though our case at Ranchi HC is going to be a milestone the following vital details are missing. So people are groping in darkness:
Though our case at Ranchi HC is going to be a milestone the following vital details are missing. So people are groping in darkness:
1
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In the
Original Affidavit submitted by Sri.P N Misra "that this is an
application for issuance of a writ or writs, direction or directions
commanding the respondents and adopt and formulate the uniform and consistent
pension rule for the entire teaching and Non-teaching staff as pension
rules as has been adopted and made applicable to the other educational
institutions of the central Government, Human Resource department....."
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As such does
everyone need to file an affidavit and vakalat?
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2.
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Sl.No.02 of
the Original Affidavit Annexure -I. Gazette Notification dated 31.07.2008 has
been rejected as there is no such notification. It is only PIB report.
Notification for implementing NPS is dated 04.08.2009
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The
petitioner has not responded to this in his rejoinder
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3.
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The All India
Sainik Schools Employees Association in a petition filed in this Court under
Article 32 of the Constitution has asked for a writ of mandamus directing the
respondents, primarily, to extend to the employees working in the Sainik
Schools, all the service benefits and advantages in the same pattern as being
obtained in Kendriya Vidalya Sangthan. The petitioner's contentions are that
the Sainik School Society is `State' within the meaning of Article 12 and is
accordingly amenable to claim the enforcement of fundamental rights, and
further that the society has to be guided by what is provided in Part 4 of
the Constitution by way of Directive Principles of State Policy
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Our case is
Sri.P N Misra v/s Union of India & others NOT
AINVSA v/s
Union of India & others
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4.
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In the
rejoinder submitted by NVS (through Sri.A K Shukla,DC-Sl.No.5 )that the Govt
has approved the introduction of the NPS for all the employees of NVS
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The
petitioner has not challenged this
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5.
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In the
rejoinder submitted by NVS (through Sri.A K Shukla, DC.Sl.No.7)that the govt
has never given any assurance that it would be granting pensionary benefit to
the employees of the Samiti under the CCS pension Rules 1972.
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The
petitioner has not challenged this by stating that as per CCS Pension Rules
1972 CPF is not meant for regular employees.
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6.
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In the
rejoinder submitted by NVS (through Sri.A K Shukla, DC.Sl.No.8)it has been
stated that there are many organisations in the country which do not have
pension under the CCS Pension Rule.
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The
petitioner has not challenged this by
stating that 26 other organisations have either given one time switching over
option or newly implemented GPF-cum pension scheme. Again the petitioner has
failed to challenge by presenting the landmark judgement of the Supreme
court. No list attached as annexure.
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7
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Counter
Affidavit filed by NVS through Sri.Alok Verma.Preliminary submission Sl.No.1.Govt
of India had approved the introduction of NPS of Govt.of India for all
regular employees……
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The
petitioner has not challenged the matter stating that NPS cannot be
implemented in any organisation which does not have GPF-cum-Pesion.Thus it
violates pension rule.
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8.
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Introduction
of GPF-cum -Pension
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The
petitioner is silent on DO letter no.3011/10/81 vide dated 17th
July 1995.
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9.
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Parliamentary
Standing Committee Reports
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Sl.No04.Annexure
3 series The petitioner presented only the copy of 198 Parliamentary Standing
Committee Report and has forgotten 154,168 and 184 Parliamentary Standing
Committee reports.
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10.
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Chaturvedi
Committee Report
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No Annexure
attached.
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11.
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One time
Switch over
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No mention in
petitotioner’s submission
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12.
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Dr.Muralimanohar
Joshi then HRD Minister strongly recommended
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No submission
No annexure
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13.
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Minutes of
Meetings held in 2000 Chaired by Secretary(SE&HE) strongly recommended
and directed NVS to submit justification for non introduction of
GPF-cum-pension
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No submission
No annexure
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14.
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There are 103
representations submitted by AINVSA to govt and NVS etc(more are getting
retrieved )
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Sl.No 05.
Annexure 4 series: The petitioner has annexured only 5 representations of
AINVSA.
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15.
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More than 55
documents are there in support of a case
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No other
documents annexured by the Petitioner
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16.
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50 letters
from Govt.Ministers,MPs regarding pension
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Nothing is
annexured by Petitioner
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17
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Documents of
5 other court cases and Sainik School case can support the fight for pension.
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