JUDGEMENT EXTRACT of PENSION CASE

The instant Interlocutory application has been filed on
behalf of the petitioner praying therein to implead 8598 employees of the
Navodaya Vidyalaya Samiti as petitioners in the present writ petition.
The petitioner has unnecessarily, at the fag end and at a very late stage
sought to implead about 8598 employees/ staffs of the Navodaya Vidyalaya
Samiti situated in different parts of the country as petitioners in the present writ
petition. Moreover, petitioner has unnecessarily without any such authorization
taken upon himself as representative and implead all the employees of the
Navodaya Vidyalaya Samiti as co-petitioners, although non of them has come
forward on their own before this court.
The said prayer is totally misconceived and cannot be allowed.
Accordingly, the said I.A. No. 3585 of 2011 seeking impleadment of 8598
employees of the Navodaya Vidyalaya Samiti is, therefore dismissed as without
any basis.

…………………………………………………………………………………………………………………………………………….ever since theinception of Navodaya Vidyalaya Samiti and after being registered in

February, 1986 the employees of Navodaya Vidyalaya Samiti have never

been given the option of G.P.F./ Pension under the Pension Rule, 1972. All

through till 2008 the employees were governed by the C.P.F. Rules, although,

there was persistent demand from the employees for introduction of the

Pension. The demands of the employees for introduction of pension were

considered by the government from time to time but could not be agreed to

since as per the decision taken by the Government of India on the

recommendations of Fourth Pay Commission.all the C.P.F beneficiaries in

service as on 1st January, 1986 had been given an option to switch over to

Pension / G.P.F/ Scheme. As the Navodaya Vidyalaya Samiti was established

as a Society under the Societies Registration Act, 1860, the said

recommendations were not applicable to the employees of Navodaya

Vidyalaya Samiti.

11. In the circumstances, it is submitted that ultimately it was decided by

the Government to give option to the existing employees either to join the

New Pension Scheme, 2004 or to continue with the existing C.P.F scheme.

For the new recruits joining after 1.4.2009, the New Pension Scheme is

mandatory.

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“The petitioner has notbeen able to show any grounds for treating the said cut of date as arbitrary,unreasonable and irrational or in violation of Article 14 of the Constitution ofIndia. The mere fact that other institutions had been governed by different

pensionary schemes since earlier point of time will not entitle the petitioner to

claim that the Navodaya Vidyalaya Samiti is legally obliged to follow the same

as it is an autonomous body, admittedly framed under the Societies

Registration Act. As such even the employees in service prior to 1.1.2004

have been granted benefits to switch over to the new scheme as per the

provisions of the scheme. Sympathies have no place in a society governed by

the Rule of law as been eminently observed by the Hon'ble Supreme Court in

para 31 the judgment delivered in the case of Sudhir Kumar Consul Vrs.

Allahabad Bank (Supra) which is as follows:-

“31. We have sympathies for the appellant

but, in a society governed by the rule of law,

sympathies cannot override the Rules and Regulations.

We may recall the observations made by this Court

while considering the issue of compassionate

appointment in public service”.

16. In view of the aforesaid facts and circumstances and the factual

position discussed above, we are of the considered view that 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.

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

Jharkhand High Court, Ranchi
The 2nd day of March, , 2012
A. Mohanty