A.I.N.V.S.A : AINVSA (Mani Group) RECIPROCATES to JNV Ranchi Unit ( Mishra..) 's PLEA

AINVSA/CEC/2012-13/12 Dated 5^th May,2012

Sri. P N Misra

Office Superintendent

Jawahar Navodaya Vidyalaya

Ranchi, Bihar

Sub: Proposed Supreme Court case on GOI Pension-support of AINVSA

Sir,

I am extremely happy to understand that you have realized the need to go to Supreme Court with GOI Pension for the staff of NVS with the full support of AINVSA in the wake of negative verdict in Ranchi High Court Case .In this connection I would like to share the following facts with you:

1. I had cautioned you about the disastrous result of Ranchi High Court case well in advance. My premonition was as a result of studying your affidavits and all the replies you had filed subsequent to NVS’s rejoinders. Though we had numerous documents to support our cause which I was ready to share with you before the final hearing which would spell out the judgment unfortunately you could understand the sincerity and seriousness of my words and you had neglected my warnings. You were over-confident about winning the case. This was the cause for our failure.

2. Though you had stated that you were authorized by AINVSA the court maintained in the verdict that the case was originally an individual one but it was claimed to be filed by the Association(out of frustration and fear of failure) . However to save the situation you had requested the staff all over India to file affidavits which itself was unwarranted. This duality was observed by the court as “The petitioner has unnecessarily without any such authorization (by AINVSA) taken upon himself as representative(of AINVSA) and impleaded all the employees of the Navodaya Vidyalaya Samiti as co-petitioners, although none of them has come forward on their own before this court”.

3. You had changed the advocate just before the final verdict and hoped that the new advocate would bring us a sure win in the case. But the truth remained that the new advocate sensed our frustration and exploited us, hence the final result. The new advocate was sure that we were hell-bent to go to SC which would mean a hefty profit for him.

In this crucial juncture I would like to categorically state the following for your cooperation:

1. Authorising you by AINVSA to file the case in SC seems to be absurd ( reread the court’s version) and inappropriate as it will convey the message that the Association is unable to file the case and therefore it wants to authorise someone for the purpose. It will make the situation similar to Ranchi Case .I don’t want a repetition of Ranchi fiasco as it involves the life of about eighty thousand people. Therefore, the case will be filed by AINVSA(not by authorization) in which you will be a co-petitioner along with Sri.J K Singh, the General Secretary and Sri.A K Gaur , the Working President.

2. A committee consisting of experts in this matter has to be formed who will closely monitor the entire exercise. The affidavits will be filed only after the approval of such a committee. Assurances in Ranchi case were flimsy and I had warned that the affidavits were inadequate.

3. All accounts will be considered from the date of forming the committee. We want complete transparency in this case and expenditure statement(in item-wise detail) should be circulated among all staff on monthly basis. The balance amount after Ranchi case has to be declared and accounted hereafter.

4. I have hundreds of documents and representations to the Government, MPs and NVS. Such documents must be taken into consideration while filing the case. So blank assurance as in the Ranch case will not be prima facie accepted. We have to include all strong points.

5. The SC case will not be in the nature of appeal on Ranchi case but it will be a fresh case in the SC.

Kindly extend your support on the issue as we cannot take chances as in Ranchi case Please make necessary arrangements for a core committee meeting at New Delhi immediately with the cooperation and involvement of Sri.J K Singh.Please keep me informed.

Thank you,

Yours faithfully,