CONTEMPLATION REQUIRED ----AINVSA broods over it

                 AINVSA/CEC/2011-12/126                                        Dated 19^th March,2012

          To

All Principals & Staff

All JNVS of Kerala

The Staff ,All ROs & HQ

Sir/Madam.

Belying our expectations Ranchi couer case disapponed and frustrate us terribly. We have been left in lurch  directionless and dumbfounded.Though we had offered all possible helps to those concerned at Ranchi and advised them frequently of the pitfalls and deficiencies they could not realize it. From the verdict of the court we would like to list out the following shortcomings :

1.       The writ was originally filed as an individual one.

2.       “The petitioner has unnecessarily without any such authorization(by AINVSA) taken upon himself as representative(of AINVSA) and implead all the employees of the Navodaya Vidyalaya Samiti as co-petitioners, although non of them has comef orward on their own before this court”.

3.       The advocate who was entrusted with the job initially could not understand the circumstances in which we have been denied GOI Pension. Therfore he could not proffer convincing points.The petitioner’s knowledge about the case was skin deep.However he could not take the advice of the knowledgeable in the right spirit.

4.       Since the petitioner realized that the HC advocate could not do his job he had to try a Sc advocate.

5.       The SC advocate clearly understood that it could be gold mine and the petitioner could be taken for a ride.

6.       The affadavits invited from all staff at the behest of the Sc advocate proved more more damaging as the court pronounced that out of frustration the petitioner was misleading the Court.

7.       The court remarked the absurdity of trying to file 8058 affidavits even outside the jurisdiction of Jharkhand HC.

8.       The petitioner persuade by the SC advocate that it would add strength to the case if affadavits were filed was viewed by the court as a frustrated attempt which exposed the confusion clouded over the real status of the case as an individual one or an Service Association case.

9.       The petitioner was a deputationist who was absorbed into service in 1995 which disqualified from presenting very strong points like

a.       4^th Pay Commission’s proposal for one time switch over which was valid up to 1994

b.      The direction and reminders by Kolthakar,Priyadarshi Thakur,Geets Ram and Valsala G Kutty.

c.       The petitioner was unaware of the meeting convened specially for NVS in 2000 by the Secretary SE & HE in which directions were given to report to the govt showing the implementation side of GOI pension.

d.      The petitioner could not plead the govt to evaluate why the Pay commissions recommendation be implemented when all the rest of the recommendations were  easily implemented.

e.      The petitioner was not able to state about the gazette notification which NVS dismissed as a report by the media.

f.        The petitioner could not clarify the pointout like CPF,GOI Pension and New Defined Contributory Pension Scheme so that court took it as all identical and any one is equal to the rest.

g.       The court states that “In sum and substance it has been stated on behalf of the respondents that there was no pension scheme in existence for the employees of Navodaya Vidyalaya Samiti.”The petitioner could not  convinve the vital point in pension rule that  NPS could not be implemented without having GOI Pension.

h.      (Para 7)The petitioner could not throw light on the list of autonomous organisations implemented pension after NVS was established thus reversing the thought of court.

2.       We were given a lot of hope and assurance by the petitioner regarding the success of the case. However its was proven to be smugness of the petitioner’s or others belonging to the committee which steered the case .Even after loosing the case neither the petitioner nor others could realize the facts. They still hold the dangerous view that they could do it better with the same amount of ideas by moving SC.

3.       Hence what wish to convey all the staff of NVS are the following :

a.       Approaching SC with the same mental status or documents or arguments will prove to be a terrific disaster that will affect not merely the petitioner but thousands of people who live in poorer conditions.

b.      The present advocate is not resourceful or honest enough to carry on with the case to a success.

c.       It is necessary to go for a review petition and get a better opinion from the court.

d.      The court has seen no merit in this case so it is worthless to proceed in  a similar fashion.

e.      Pension is not an isolated issue though many did not come forward with the issue boldly. Therefore the committee for court case has to be reconstituted with knowledgeable persons and the same must have a national character.

f.        The entire matter has to discussed threadbare. Nothing should be concealed and false hope given to others as it happened heretofore. Finally there won’t be a chance for a retake.We should not reach a no-return precipice.

g.       It has to be admitted by the present committee and the petitioner that they could have done better if they had minded the words of those who tried to guide them properly.

Hence my expectation is obvious that every aspirant of GOI pension sheme must understand the all aspects clearly and convince Sri.P N Misra and the Court case Committee at Ranchi to understand the sentiments of 17200 employees of NVS who also stand by them to fight out the issue.

1.       A review petition has to filed

2.       A lot of thought has to go into the matter before approaching SC.More home wok is to be done with more hidden points and documents in possession of a few others.

3.       The committee is now doubly responsible for at least 8958 staff and indirectly to the rest as such they cannot decide the fate single handedly or ham-handedly.

Kindly call those at Ranchi or send appeals to this effect thogh SMS or E-mails to them.

Thanking you,

Sincerely yours

(T P Mani)

.

                 

                                                                  Thank you,

                                                                          Yours faithfully,

                                                                                                                     

                                                                                                   (T P Mani)                                                                                                    

                                                                                     National President

Copy to :           1.  Sri.P N Misra,JNV Ranchi

2.  Smt.P S Bara,Principal & Coordinator Pension Case