A.I.N.V.S.A : November 2012

SYNOPSIS AND LIST OF DATES

This Writ Petition is filed under Article 32 of the Constitution of India praying for an appropriate Writ, Order or Direction directing the respondents to extend the CCS Pension Scheme of 1972 to all the employees of the Navodaya Vidyalaya Samiti.

This Writ Petition raises a substantial question of law of general public importance involving interpretation and application of Articles 14 and 16 (1) of the Constitution as to whether there can be discrimination between the employees of similar autonomous organizations under the same Ministry of a Government engaged in imparting education, which is a constitutional function, discharging the same duties and responsibilities?

This issue affects about 15,000 employees of Navodaya Vidyalayas, all funded by the Central Government, engaged in giving effect to the National Policy of Education. Needless to mention that among all the resources of the State, human resources are the most precious and the teachers engaged in imparting value based education consistent with the Constitutional aims

and objects and thereby building the character of children and helping them to grow as useful citizens, should not themselves be subjected to glaring discrimination in the matter of post-retirement benefits like Pension. The teachers as a class belong to the lower middle class and cannot afford layers of litigation. Being a weaker section of the society, they deserve sympathetic consideration by all the wings of the State.

The facts in a nutshell :-

i) Navodaya Vidyalaya Samiti is an autonomous body 100 % funded by the Central Government and established in 1985-86.

ii) Kendriya Vidyalaya, Sainik Schools, Central Tibetan Schools, Military Schools, National Open school, NCERT, NIEPA, National Bal Bhavan, CIIL, CBSE, IGNOU, NBT, ISTM, N IT, AICTE, UGC, Jan Shikshan Sansthan, IIT, IIM, IISER and other autonomous bodies similarly placed under Ministry of HRD are getting the benefit of Pension Scheme of 1972 from 1988.

iii) On 1-1-2004, the Central Government came with a New Pension Scheme and this Scheme is made applicable to all Government employees appointed after 1-1-2004.

iv) All Central Government Employees appointed prior to 1-1-2004 will be governed by the Pension Scheme of 1972. The New Pension Scheme was applied to NVS on

4-8-2009 vide Notification 18-1/2008/NVS(Admn.)/dated 04.08.2009 as communicated by MHRD , Deptt. Of School Education and Litarcy’s letter No.F.5-7/98/UT/1 dated 14.08.2008 as per the approval of the Union cabinet for introduction of New Pension scheme of Govt. of India to all Navodaya Vidyalaya Samiti employees joining after its notification by the Samiti and giving an option to the regular employees of the NVS as the date of notification to continue with the existing CPF scheme or to join the new pension scheme.

v) The New Pension Scheme introduced in NVS in 2009 does not cover any medical benefits, family pension and other benefits which are social security measures.

vi) The Writ Petitioners are aggrieved by the fact that they are not similarly treated like employees of other autonomous bodies under the same Government, funded likewise and the petitioners have not been granted benefits under the Pension Scheme of 1972 without any valid reason or justification. They are given only the benefit of Contributory Provident Fund under the 1962 rules at the time of retirement.

Imparting education is a sovereign function and a mandatory duty under the constitution of India.

In accordance with the National Policy of Education 1986, under the Ministry of Human Resource Development (MHRD), Govt. of India started Jawahar Navodaya Vidyalayas with the following objectives:-

i) To provide good quality modern education including a strong component of culture, inculcation of values, awareness of the environment, adventure activities and physical education to the talented children, predominantly from rural areas.

ii) To ensure that students attain a reasonable level of competency in three languages.

iii) To promote national integration through migration of students from Hindi to Non-Hindi speaking state and vice versa.

iv) To serve in each district as a focal point for improvement of quality of school education in general through sharing of experiences and facilities.

The Human Resource Development Ministry, Government of India has aggravated the sufferings of the employees of the Jawahar Navodaya Vidyalaya Samiti (JNVS for short) by inflicting upon them the pension Scheme of 2009 which divides the employees into two classes namely those who joined prior to 1-4-2009 and others who joined after the said date. In the latter case, the pension is mandatory while in the former, it is optional. Besides, there is no certainty about pension so far as the former class of employees is concerned. The whole Scheme is discriminatory. On the top of it all, the pension Scheme of 2009 does not provide for family pension.

The Y. N. Chaturvedi Committee Report of 2001 and the 154^th Report of the Parliamentary Committee, recommendations made by the Human Resource Development Ministry from time to time called for the introduction of the CCS Pension Scheme, 1972 as was applicable to the Kendriya Vidyalayas and similar such autonomous bodies and organizations. The rationale for such recommendation was that the employees of the JNVS are serving for more than 12-16 hours a day in residential system of education and employed in remote and far-flung areas where they don’t have proper facilities of primary education of their children and so, they needed some social security.

It is important to mention here that the Navodaya Vidyalaya Samiti had employed Actuary Bhudev Chatterjee to work out the expenditure involved and financial viability of implementation of the CCS Pension Scheme, 1972. The report submitted by the Actuary concluded that if the employees share of contribution upto 31-3-2005 (Rs.103.82 a 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 1972 scheme.

In addition another Actuary Committee under Shri P.C.Gupta consulting actuary was formed and submitted its report to the Commissioner in February 25, 2010 and the same was forwarded to Jt.Secretary, SE & L (MHRD) by the Commissioner on 12.05.2010 with a request to MHRD to consider the long pending demands of employees for introduction of CCS Pension 1972 in respect of employees who had joined before 01.01.2004.

It is, respectfully submitted that Navodaya Vidyalayas have emerged as leaders in the secondary school system in the country. It is not only important to recruit competent teachers but also to retain them in service. Since the Navodaya Vidyalayas are residential Schools the work-schedule of the employees is more demanding. Quite a few number of teachers and principals had resigned due to non-availability of the pension scheme. It was in view of this that in 1996 the Ministry of Human Resource Development proposed to introduce pension scheme for the employees of Navodaya Vidyalayas Samiti on the pattern of Central Civil Services (Pension) Rules, 1972 as is applicable to the employees of similar organizations like Kendriya Vidyalayas and the Central Tibetan School Administration as well as several bodies under the MHRD mentioned above. Discrimination against employees of Navodaya Vidyalaya is writ large. This Petition under Article 32 is for the enforcement of the right to equality guaranteed by Articles 14 and 16 (1) of the Constitution.

It is settled law since Municipal Council, Ratlam v Vardichan, (1980) 4 SCC 162 that when it is a case of discharging a constitutional duty, the Government cannot plead financial crunch and inability . Dealing with the plea of financial inability put forward by the Ratlam Municipality, in pr.24 of the judgment, this Hon’ble Court referring to the Directive Principle of State Policy in Article 47 of the Constitution, observed as follows:

“Where directive principles have found statutory expression in Do’s and Don’t’s the court will not sit idly by and allow municipal government to become a statutory mockery. The law will relentlessly be enforced and the plea of poor finance will be poor alibi when people in misery cry for justice.”

LIST OF DATES

28-10-1985 The Ministry of HRD, GOI decided to set up two model schools in Amravati (Maharashtra) and Jhajjar (Haryana) and granted aid to NCERT for the purpose of running the school.

05.11.1985 A meeting was held under the Chairmanship of Shri P.V. Narasimha Rao, Minister of Human Resource Development with the object to consider various issues relating to the model schools scheme and also to open schools all over the country under New Education Policy. It was after this meeting two new model schools were opened in Jhajjar (Haryana) and Amravati (Maharashtra).

9-1-1986 An appointment to the post of Librarian was made in the model school and the appointment order specifically mentions that if the employee does not opt for Contributory Provident Fund Scheme within a period of 6 months, then the employee would be automatically governed by the Pension cum Gratuity scheme i.e. 1972 Scheme.

28.02.1986 The Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya is a central sector scheme which commence in 1986-87 (except for two experimental schools established in 1985-86). Pursuant to a provision in the New Education policy adopted in 1986 and this scheme of Jawahar Navodaya Vidyalaya is being implemented through a registered autonomous society called Navodaya Vidyalaya Samiti, which was established as a society under Societies Registration Act, 1860, at New Delhi on 28.02.1986.

The NVS framed its own Memorandum of Association under the Societies Registration Act, 1860, and in its Memorandum of Association, aims & objectives of the NVS are mentioned and also in REGULATIONS Para 24(ii)(i) it mentions that: “ to determine procedures for payment of pension, gratuities or provident fund of employees of the society or to their wives, children or other dependents”

01.05.1987 The Ministry of Personnel, Public Grievances and Pensions Department of Pension and Pensioners, New Delhi, had circulated an Office Memorandum vide No. 4/1/87-PIC-1, which mentions that “directed to state that the Central Govt. employees who are governed by the Contributory Provident Fund (CPF) have been given repeated options in the past to come over to the Pension Scheme. The last such option was given in the Department of Personnel and Training O.M.No.F.3(1)-Pension Unit/85 dated 6^th June, 1985. However, some Central Govt. employees still continue under the CPF. The Fourth Central Pay Commission has now recommended that all CPF beneficiaries in service on January 1, 1986, should be deemed to have come over to the Pension Scheme on that date unless they specifically opt out to continue under the CPF Scheme.”

2-3-1988 The Secretary of Central Tibetan Schools Administration wrote a letter to the Principal of all schools informing about the introduction of Pension Scheme to its employees.

30.03.1992 In pursuance of decision taken by the Executive Committee in its XI meeting held on 12^th January, 1992, the Navodaya Vidyalaya Samiti has adopted the Central Govt. Rules and Regulations in service matters for its employees of the samiti mutatis-mutandis as the case may be, till such time Samiti frames its own Rules and Regulations. This decision of the Executive Committee had been notified to all concerned vide No. F.6/1/92-NVS(Admn.) dated 30.03.1992 and accordingly NVS is following all Govt. of India Rules with regard to service conditions of its employees.

14-9-1992 The Board of Governors, Sainik Schools Society sent a letter dated 14-9-1992 to all the Principals of All Sainik Schools mentioning about the applicability of the CCS Pensions Rules 1972 for all pensionary/terminal benefits to the employees of Sainik Schools.

20.12.1993 Notification vide No. 14-2/93-NVS(Vig) dated 20.12.1993, wherein the Samiti adopted the aforesaid notification and further decided with the approval of the Executive Committee that the relevant provisions of the Central Civil Services (Classification, Control And Appeal) Rules, 1965 to be applicable to all staff and member of the Samiti.

1995-2006 Various representations were made by the All India Navodaya Vidyalaya Staff Association as well as the Officers of NVS, to various Departments of the Govt. of India, to implement the Pension Scheme under CCS Pension Rule, 1972, but none was responsible to reply to any representations.

25-7-1997 The IIT Kharagpur gave an option to all its employees to change over from CPF/CPG to GPC cum Pension cum Gratuity Scheme.

6-5-1998 The Registrar IIT Bombay gave option to all its employees to change over to GPF cum Pension cum Gratuity Scheme.

9-8-2001 It was decided in the XXIst Executive Committee of NVS held on 9-8-2001 to take up the welfare measures of pension and gratuity to the employee of NVS with the Ministry to enable the teachers to commit themselves and contribute for better performance of the schools.

2-3-2005

and

3-3-2005 The 154^th Report of the Review Committee was submitted before the Parliament recommending for implementation of the Pension Scheme for NVS.

6-3-2006 The Joint Commissioner NVS wrote a letter to Director Ministry of HRD for introduction of Pension Scheme in NVS.

March 2006 The MHRD, Dept of Secondary and Higher Education in the month of March 2006 had prepared a Cabinet Note for introduction of CCS Pension 1972 for the employees of Navodaya Vidyalaya Samiti and submitted to Govt. of India to be placed before the Cabinet for consideration.

7-9-2006 A letter was written by Under Secretary to Govt of India, Ministry of Labour and Employment addressed to Director, Ministry of HRD directing the Ministry of HRD for introduction of CCS Pension Scheme for employees of NVS including teachers.

5-12-2006 The Joint Director, Ministry of Finance by letter dated 5-12-2006 informed the Commissioner NVS that the Ministry of Finance does not support any mid course correction in the service conditions of the employees relating to pension resulting in an open ended liability on the Government of India. However, Ministry of Finance approved introduction of New Pension Scheme for all regular employees of NVS who joined on or after 1-1-2004.

29.12.2006 The Commissioner of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya, who is the controlling authority of NVS/JNVs, New Delhi vide its recommendation, after due enquiry and examining all pros and cons of the entire matter, has recommended for enforcement of the pensionary benefits under CCS Pension Rule, 1972 to the Teaching & Non-Teaching staffs of NVS/JNVs through its letter [Ref.No. F.12-17/02-NVS(Estt.)], wherein he specifically mentioned that:-

Several sister organizations like Kendriya Vidyalaya Sangathan, National Institute of Open Schooling (NIOS), Central Tibetan Schools Organization etc. are enjoying the retirement benefits, whereas the employees of a prestigious institutions like Jawahar Navodaya Vidyalayas deprived of the same.”

17.08.2007 Parliamentary Committee in its 198^th Report, mentioned about the action taken by the Govt. on the recommendation/observations contained in 194^th report on major issues concerning Navodaya Vidyalayas, wherein it mentioned that the introduction of Pension Scheme was taken up in the consultation with the Ministry of Finance, but could not be agreed to due to resource crunch and the efforts of the Govt. to maintain the budgetary deficit within the desired limit. The matter is again under consideration of the Ministry.

01.05.2008 Representation from All India Navodaya Vidyalaya Staff Association (Ranchi Unit) {Ref No. AINVSA/RU/08} was made to the Chairman, Review Committee, VIth Pay Commission-cum-Cabinet Secretary for grant of Pensionary benefits under CCS(Pension) Rules, 1972 to the Employees of NVS.

17.06.2008 Representation from All India Navodaya Vidyalaya Staff Association (Central Executive Committee) {Ref No. AINVSA/CEC/2008/17-6} was made to the Hon’ble Minister for Human Resource Development, Govt. of India, for grant of CCS Pension and Higher Pay Scales to the staff of Navodaya Vidyalaya Samiti.

05.08.2008 Representation from All India Navodaya Vidyalaya Staff Association (Central Executive Committee) {Ref No. AINVSA/CEC/2008/17-6} was made to the Hon’ble Prime Minister, Govt. of India, for grant of CCS Pension and Higher Pay Scales to the staff of Navodaya Vidyalaya Samiti.

14.08.2008 The Ministry of Human Resource Development, Department of School Education & Literacy, vide letter no. F-5-7/98-UT-1, has conveyed the approval of the Union Cabinet for introduction of the New Pension Scheme of Govt. of India to all regular Navodaya Vidyalaya Samiti(NVS) employees joining NVS after its notification by the Samiti and giving an option to the regular employees of NVS as on the date of notification to continue with the existing CPF Scheme or to join the New Pension Scheme.

24.09.2008 One Shri P.N. Mishra filed Writ Petition No. 4946 of 2008 before the Hon’ble Jharkhand High Court, raising specific question of law that Respondents have discriminated by not granting Pensionary benefit to the staff of the NVS.

June 2009 Shri Prahlad Joshi Member of Parliament wrote to Shri Pranab Mukherjee, the then Finance Minister of India seeking implementation of the CCS Pension 1972 scheme

2009 Shri Pranab Mukherjee , the then Finance Minister, Govt. Of Indiareplied to the letter of Shri Prahlad Joshi stating that if the scheme is implemented to the employees of NVS, then employees of other autonomous bodies may also make a claim putting the Government in a very difficult position. Hence it will not be appropriate to implement the scheme.

16-6-2009 All India Jawahar Navodaya Vidyalaya Principals’ Forum sent a representation to the HRD Minister seeking extension of benefit of CCS Pension Rules 1972 to the employees of NVS, who joined prior to 1-1-2004.

29-6-2009 P. Karunakaran, MP wrote a letter to the Minister of HRD to extend the benefits of CCS Pension Rules 1972 to the employees of NVS who joined prior to 1-1-2004.

10-7-2009 The Ministry of HRD implemented GPF cum Pension Scheme to the employees of five other IUCs established by University Grants Commission who have joined prior to 1-1-2004 with the approval of Min. Of Fiance, Govt. Of India.

04.08.2009 Notification Ref. No. F.No.18-1/2008-NVS (Admn.), the Navodaya Vidyalaya Samiti notified that the New Pension Scheme shall be applicable to all the regular employees of NVS and will come into force w.e.f. 01.04.2009, whereas, the regular employees joined before such date shall be given the option to either continue with the CPF Scheme or not.

14-9-2009 Minister of Parliamentary Affairs and Water Resources Shri. Pawan Kumar Bansal wrote a letter to Shri. Kapil Sibal, requesting to extend the benefits of CCS Pension Rules 1972 to those employees who have joined prior to 1-1-2004.

29-10-2009 The Joint Commissioner, NVS sent a letter to Joint Action Committee of Employees Associations/Forum of NVS requesting not to go on strike and ensuring to support the genuine demands of the employees.

9-11-2009 The Joint Action Committee of Employees Association / Forum of Navodaya Vidyalaya Samiti sent a representation to Shri. Kapil Sibal Hon’ble Minister of HRD for introduction of GPF cum Pension Scheme to the employees of NVS who joined prior to 1-1-2004.

23-11-2009 One Member of Parliament Shri. Rudramadhab Ray gave notice under Rule 184 of the Rules of Procedure and Conduct of Business in Lok Sabha to move a motion regarding non-implementation of GPF cum Pension Scheme under the CCS Pension rules 1972 for employees of NVS who have joined prior to 1-1-2004.

30-11-2009 Another Member of Parliament Shri. Magunta Sreenivasulu Reddy wrote a letter to Prime Minister and also Minister for HRD requesting to provide CCS Pension benefits to the employees of NVS.

3-12-2009 The Additional Director, Lok Sabha Secretariat sent a letter to the Ministry of HRD asking for a Note indicating the factual position with regard to the matter raised in the Notice of Motion dated 23-11-2009.

10-12-2009 The Deputy Secretary, Ministry of HRD wrote a letter dated 10-12-2009 to the Commissioner of NVS to send an explanatory note along with financial implication for extending the CCS pension scheme to its employees of NVS who have joined prior to 1-1-2004.

29-1-2010 The Under Secretary to GOI, Ministry of HRD wrote a letter to the Commissioner enclosing the copy of the Minutes of the meeting whereby it was recorded in the meeting that the Secretary would take up the issues with the Ministry of Finance for an early decision.

6-3-2010 The Joint Action Committee of Employees Association / Forum of Navodaya Vidyalaya Samiti sent another representation to the Minister for Finance requesting to provide GPF cum Pension Scheme 1972 to the employees of NVS who were in service prior to 1-1-2004.

12.05.2010 The Commissioner of Navodaya Vidyalaya Samiti wrote a letter to the SC Khuntia, Joint Secretary, Ministry of HRD requesting the Government to extend the pensionary benefits to the employees who have jointed NVS before 1-1-2004 under the CCS Pension Rules 1972.

23-11-2011 The All India Navodaya Vidyalaya Staff Association sent a representation to Her Excellency The President of India to implement the CCS Pension 1972 to all the staff who have joined prior to 1-1-2004.

02.03.2012 The Hon’ble High Court of Jharkhand was please to dismiss the Writ Petition No. 4946 of 2008 on the ground that the said writ petition is without any merit.

2012 Against the above said judgment, Shri P.N. Mishra had filed SLP (C) No.19102 of 2012 and the same is pending.

-11-2012 The present Writ Petition is filed by the Petitioners herein who are not parties to the Special Leave Petition.

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (C) NO. ______ OF 2012

IN THE MATTER OF:-

1. Kannan

Aged 48 years

Son of K. Sundaravelu

Principal, Jawahar Navodaya Vidyalaya

Canacona, South Goa

Goa- 403 702 … Petitioner No. 1

2. S.S. Painkraj

Aged 57 years

Son of late R.S.Painkraj

Principal ,Jawahar Navodaya Vidyalaya

Kurud, Dist.

Dhamtari (C.G) 493 663 … Petitioner No.2

3. Jai Krishna Sharma

Aged 59 years

Son of Shri A.R.sharma

Principal, Jawahar Navodaya Vidyalaya

Theog,

Shimla … Petitioner No.3

4. Ambesh Kumar

Aged 50 year

Son of Ram Ratan

Principal, Jawahar Navodaya Vidyalaya,Dungrin,

Tarkwari,

Hairpur(Dist.)

HP-173045 … Petitioner No.4

( To be deleted )

5. Dr.E.Umapathi Reddy

Aged 46 years

Son of E.Ramachandra Reddy

Principal,

Jawahar Navodaya Vidyalaya,

Kaljuvvalapadu (Post),

Konakanamitta(S.O.)

Prakasam(Dist.)

Andhra Pradesh … Petitioner No.5

6. Anuradha R.

Aged 49 years

D/o B.R.Kannan

Principal, Jawahar Navodaya Vidyalaya

Doddamarena Gawda Halli,

Mysore -570 026,

Karnataka-571139 … Petitioner No.6

7. G.S. Sisodia

Aged 58 years

Son of Late S.S.Sisodia

Principal, Jawahar Navodaya

Vidyalaya Campus Budwa, Post Barodia,

Dist.Banswara

Rajasthan – 327604 … Petitioner No.7

( To be deleted)

8. Rajiv Upadhyay

Aged 56 years

Son of Trilochana Upadhyay

Principal, Jawahar Navodaya Vidyalaya

Jaswantpura Distt.

Jalore

Rajasthan … Petitioner No.8

( To be deleted)

9. Dr. Mahboob Ali

Aged 47 years

Son of Late Jamal Mohd.

Principal, Jawahar Navodaya

Vidyalaya Pachpadra

Barmer … Petitioner No.9

10. J.S.Chauhan

Aged 59 years

Son of Late R.N.Singh

Principal,

Jawahar Navodaya Vidyalaya,

Piper Sand

UP 226 005 … Petitioner No.10

( To be deleted)

11. Shukhveer Singh

Aged 53 years

Son of Surgav Singh

Principal,

Jawahar Navodaya Vidyalaya

Moradabad

UP-244 601 … Petitioner No.11

12. Dr. A.C.S. Reddy

Aged 53 years

Son of A. Abbai Reddy

Principal,

Jawahar Navodaya Vidyalaya

Narwad High School Campus,

Sheohar 843 329

Bihar … Petitioner No.12

13. Dr. Pradeep Kumar Thakur

Aged 49 years

Son of Karm Kant Thakur

Principal,

Jawahar Navodaya Vidyalaya

Bariyahi Distt. Saharsa

Bihar- 852 212 … Petitioner No.13

14. Vijay Kumar Singh

Aged 51 years

Son of late Jaleshwar Singh

Principal, JawaharNavodaya

Vidyalaya,

Mana Camp,

Raipur (C.G.) - 492 015 … Petitioner No.14

15. B.A. Maindarge

Aged 58 years

Son of Amritrao Maindarge

Principal, Jawahar Navodaya Vidyalaya

Pimple Jagtap, P.O. Karandi, Shirur

Dist.Pune,

Maharashtra 412 208 … Petitioner No.15

16. P.S. Sardar

Aged 50 years

Principal,

Jawahar Navodaya Vidyalaya

Washim, Kota Road

Distt. Washim,

Maharashtra- 442 001 … Petitioner No.16

17. N.Dhiren Singh

Aged 51 years

Son of N. Mani Singh

Principal,

Jawahar Navodaya Vidyalaya

Khumbong, Imphal Est, PO,

Langjin- 795 112 … Petitioner No.17

18. Salam Sanamacha Singh

Aged 49 years

Son of Salam Tombi Singh

Principal,

Jawahar Navodaya Vidyalaya

Chandel, Liwa Khullen Sarei,

PC- 795 127, Dist-Chandel

Manipur State … Petitioner No.18

( To be deleted)

19. V.L. Balsubramanian

Aged 63 years

Son of Lakshmanan Iyer

Ex. Principal,

Jawahar Navodaya Vidyalaya(Retd.)

Kasaragod, P.O. Periya

Distt. Kasargod ,

Kerala – 671 316 … Petitioner No.19

20. Ramakrishna Subhu Nayak

Aged 64 Years

Son of late Subhu Nayak

Ex.Principal,

Jawahar Navodaya Vidyalaya(Retd.)

Canacona

South Goa-403 702 … Petitioner No.20

To be added

1. Mrs. Jyoti V. Chavan

Aged 54 year

W/o Vilas Chavan

Group D Employee

Navodaya Vidyalaya Samiti

Regional Office

M S F C Bhavan, Pune 16

2. Shri M.M.Chaudhari

Aged 44 years

Son of Motiram Chaudhari

Lower Division Clerk

Navodaya Vidyalaya Samiti

Regional Office

MSFC Bhavan, Pune 16

3. Mrs. Shraddha M.Rathkanthiwar

Aged 47 years

w/o Milind G.Rathkanthiwar

Upper Division Clerk

Navodaya Vidyalaya Samiti

Regional Office

MSFC Bhavan, Pune 16

4. Shri Narayan S.Pawar

Aged 54 years

Son of Sukaram Pawar

Librarian

Jawahar Navodaya Vidyalaya

Near Post Office, M.A.U. Campus

Parbhani(MS)

5. Shri Manubhai L. Bhabhor

Aged 37 years

Son of Lalabhai

Chowkidar- cum-Sweeper

Jawahar Navodaya Vidyalaya

Panchmahal.

6. Shri C.B.Pedram

Aged 48 year

Son of

Catering Asstt.

Jawahar Navodaya Vidyalaya

Adhmednagar

7. Mrs.Jayshree H.Bagade

Aged 53 years

Staff Nurse

Jawahar Navodaya Vidyalaya

Amravati

Versus

1 Union of India through its Secretary

Ministry of Human Resources Development

Shashtri Bhavan,

New Delhi 110 001 …Respondent No.1

2 The Secretary

Human Resources Department

Ministry of Human Resources Development

Shashtri Bhavan,

New Delhi 110 001 …Respondent No.2

3 The Secretary,

Ministry of Finance,

South Block

New Delhi 110 001 ….Respondent No.3

4 The Commissioner

Navodaya Vidyalaya Samiti

B-15, Sector - 62, Institutional Area,

Noida (U.P.) 201309

…Respondent No.4

WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA

The Hon’ble Chief Justice of India

and his Hon’ble Companion Judges of the

Supreme Court of India

THE HUMBLE PETITION OF THE PETITIONERS MOST RESPECTFULLY SHOWETH:-

I. The present Writ Petition is being filed under Article 32 of the Constitution of India praying for an appropriate Writ, Order or Direction in the nature of mandamus directing the respondents to extend the CCS Pension Scheme of 1972 to all the employees of the Navodaya Vidyalaya Samiti.

IA. The Petitioners are filing this Writ Petition in a representative capacity representing the teaching and non-teaching staffs of Navodaya Vidyalaya Samiti established all over India except Tamil Nadu and covers over 15,000 employees (both teaching and non teaching). The Petitioners through their Association have many times given representations before the concerned authorities, filed as Annexures P, but no relief has been granted. Some of the employees of Navodaya Vidyalaya Samiti had approached various Central Administrative Tribunal during 2001-2010 but they were not granted any relief and were directed to approach the concerned authorities being a policy matter. The Petitioners have not filed any other Writ or OA before any Court in India and are approaching this Hon’ble Court for the first time as their fundamental right has been infringed.

II. Factual Matrix – The facts leading to the filing of the present Writ Petition are as follows: -

FACTS OF THE CASE

i) That on 28-10-1985 the Ministry of HRD, GOI decided to set up two model schools in Amravati (Maharashtra) and Jhajjar (Haryana) and sanctioned grant in-aid to NCERT for the purpose of running the school. A true copy of the letter dated 28-10-1985 sent by the Ministry of HRD to Accounts Officer Pay and Accounts Office (Education) is annexed hereto as Annexure P 1 (pp.

ii) That on 05.11.1985 a meeting was held under the Chairmanship of Shri P.V. Narasimha Rao, Minister of Human Resource Development with the object to consider various issues relating to the model schools scheme and also to open schools all over the country under New Education Policy. It was after this meeting two new model schools were opened in Jhajjar (Haryana) and Amravati (Maharashtra).

iii) That on 9-1-1986 an appointment to the post of Librarian was made in the model school and the appointment order specifically mentions that if the employee does not opt for Contributory Provident Fund Scheme within a period of 6 months, then the employee would be automatically governed by the Pension cum Gratuity scheme i.e. 1972 Scheme. A true copy of the appointment letter dated 9-1-1986 is annexed hereto as Annexure P 2 (pp.

iv) The National Education Policy, 1986 envisaged establishment of Jawaharlal Navodaya Vidyalayas (hereinafter referred to as “the JNV’s) throughout India in order to provide quality education to children with special talent and aptitude, irrespective of their capacity to pay for the same. The scheme for the establishment of the JNV’s was approved by the Union Cabinet in August 1985 to give shape to the vision of having a residential school system for talented children who were predominantly from rural areas. In order to achieve the aforesaid vision, the Navodaya Vidyalaya Samiti (hereinafter referred to as “the NVS”) was registered as a Registered Society under the Societies Registration Act, 1860. The Memorandum of Association of the NVS, inter alia, provided the following objectives for which the same was established, viz.:-

“(i) To provide good quality modern education – including a strong component of inculcation of values, awareness of the environment, adventure activities and physical education – to the talented children predominantly from the rural area without regard to their family’s socio-economic condition.

(ii) To provide facilities, at a suitable stage, for instruction through a common medium, viz., Hindi and English, all over the country.

(iii) Offer a common core-curriculum for ensuring comparability in standards and to facilitate and understanding of the common and composite heritage of our people.

(iv) To progressively bring students from one part of the country to another in each school to promote national integration and enrich the social content.

(v) To serve as a focal point for improvement in quality of school education through training of teachers in live situations and sharing of experience and facilities.”

Further, in REGULATIONS Para 24(ii)(i) it mentions that: “ to determine procedures for payment of pension, gratuities or provident fund of employees of the society or to their wives, children or other dependents;”. A true copy of the said Memorandum of Association of the Navodaya Vidyalaya Samiti is annexed herewith and marked as ANNEXURE – P 3 (pp

v) That it is submitted that the NVS is fully funded by the Government of India inasmuch as it is provided 100% funds in form of grant-in-aid by the Ministry of Human Resources Development. It is pertinent to note that Rule 149/(4)(IV) of the General Financial rules of the Government of India states, inter alia, as under:-

“All autonomous bodies or guarantee institutions which receive more than 50% of the recurring expenditure in the form of grant-in-aid should formulate terms and conditions of service of their employees so that by and large they are broadly comparable to those applicable to similar categories in Central Government.

Initially there were two JNV’s set up as a pilot project in Jhajjar, Haryana and in Amravati, Maharashtra during the year 1985. The success of the JNV’s is evident from the fact that, as on 31.03.2007, there were over 565 JNV’s all over the country including Andaman & Nicobar Islands and Lakshwadeep as well except for Tamil Nadu. Today there are more than 600 Jawahar Navodaya Vidyalaya Schools all over india except in the state of Tamilnadu . The present strength of employees both teaching and non-teaching are around Eighteen thousand and students strength is above two lakhs. The uniqueness of the scheme is that there is reservation for students for 75% from rural areas, one-third of the seats are reserved for Girl children and 15% for S.C, 7.5% for S.T, 3% for disabled children.

It is pertinent to note that the Navodaya Vidyalaya Samiti had achieved excellent scholastic and non-scholastic achievements which is unparallel in the annals of the Indian education systems as per the statistics given below for the last 10 academic years:-

CLASS-X

Year	CBSE	NVS	KVS	Public Schools
2002-03	68.02	88.60	84.64	83.39
2003-04	72.22	91.43	90.35	84.83
2004-05	74.60	90.82	89.62	85.87
2005-06	77.16	91.13	90.63	85.94
2006-07	84.44	96.41	95.64	91.81
2007-08	87.08	97.54	96.07	91.77
2008-09	88.84	97.84	96.35	91.89
2009-10	89.28	98.55	96.87	91.79
2010-11	96.61	99.52	99.30	98.75
2011-12	98.19	99.58	99.36	99.20

CLASS-XII

Year	CBSE	NVS	KVS	Public Schools
2002-03	73.59	85.26	88.57	81.07
2003-04	76.00	87.68	92.62	80.46
2004-05	77.80	87.08	92.47	81.28
2005-06	79.55	90.24	92.89	82.35
2006-07	80.64	90.11	93.14	82.29
2007-08	80.91	92.44	91.00	81.68
2008-09	81.00	94.09	91.32	80.94
2009-10	79.87	95.31	91.13	79.42
2010-11	81.71	96.89	93.38	81.63
2011-12	80.19	95.96	94.13	81.11

vi) It is pertinent to note that the National Policy on Education, 1986 under which the scheme of NVS was formulated provided as under:-

“9.2 The pay and service conditions of teachers have to be commensurate with their social and professional responsibilities and with the need to attract talent to the profession. Efforts will be made to reach the desirable objective of uniform emoluments, service conditions and grievance – removal mechanisms for teachers throughout the country...” (emphasis supplied)

vii) The Government of India, Ministry of Personnel, Public Grievances and Pensions, issued an Office Memorandum dated 01.05.1987, inter alia, accepting the recommendations of the Fourth Pay Commission to the effect that all Central Provident Fund Scheme (hereinafter referred to as “the CPF Scheme”) beneficiaries in service as on 01.01.1986, should be deemed to have come under the Pension Scheme on the aforesaid date unless they specifically opted to continue to be governed by the CPF Scheme.

It is submitted that the first two JNV’s were opened at Jhajjar and Amravati during 1985-86. Posts were sanctioned for the aforesaid schools by the Government on 28.10.1985. First installment of Grant in Aid of Rs. 22.50 lakhs for meeting expenditure for these schools was also released by the Government on 28.10.1985. Thus, the posts for the JNV’s were also existing prior to 01.01.1986. In view of the aforesaid facts, it is submitted that employees of JNV’s were covered under the provisions of the above-mentioned Office Memorandum dated 01.05.1987.

A true copy of the Office Memorandum dated 01.05.1987 issued by the Government of India, Ministry of Personnel, Public Grievances and Pensions is annexed hereto and marked as ANNEXURE P – 4 (pp

viii) That on 2-3-1988 the Secretary of Central Tibetan Schools Administration wrote a letter to the Principal of all schools informing about the introduction of Pension Scheme to its employees. A true copy of the letter dated 2-3-1988 sent by the Secretary of Central Tibetan Schools Administration is annexed hereto as Annexure P 5 (pp.

ix). The Government of India extended the benefits of the Provident Fund Scheme to the employees of the NVS in accordance with the Provident Fund Act, 1925 on 11.01.1991.

x) The Programme of Action, 1992 on National Policy on Education, 1986, inter alia, provided as under:-

“22.2.3 The primacy of the role of teachers in the educational process, their active participation at all levels of management, special measures for the teachers from the disadvantaged sections like women, SC’s/ ST’s, etc. provision of facilities similar to other Government employees and fair and transparent working conditions and justice to them will be the guiding principles of any such POA..” (emphasis supplied)

xi). Pursuant to the decision taken by the Executive Committee in its XIth Meeting held on 12.01.1992, the NVS adopted the Central Government Rules and Regulations, on 30.03.1992, for its employees mutatis – mutandis, for such time as the NVS framed its own Rules and Regulations. In view of the above, it is submitted that the CCS Pension Rule, 1972, which govern all Central Govt. employees, would also be deemed to be applicable to all employees of the NVS also.

A true copy of the decision dated 30.03.1992 taken by the NVS is annexed hereto and marked as ANNEXURE P 6– (pp

xii) That on 14-9-1992 the Board of Governors, Sainik Schools Society sent a letter dated 14-9-1992 to all the Principals of All Sainik Schools mentioning about the applicability of the CCS Pensions Rules 1972 for all pensionary/terminal benefits to the employees of Sainik Schools. A true copy of the letter dated 14-9-1992 sent by the Board of Governors, Sainik Schools Society is annexed hereto as Annexure P 7 (pp

(in contrary to Para VIII above and hence to be deleted)

xiii) That on 20.12.1993 a notification vide No. 14-2/93-NVS(Vig) dated 20.12.1993, wherein the Samiti adopted the aforesaid notification and further decided with the approval of the Executive Committee that the relevant provisions of the Central Civil Services (Classification, Control And Appeal) Rules, 1965 to be applicable to all staff and member of the Samiti. A true copy of the Notification dated 20-12-1993 is annexed hereto as Annexure P 8 (pp.

xiv). The Dy. Secretary, MHRD, Govt. of India in her letter dated 31^st August 1995 addressed to the Director, NVS, New Delhi had sought comments of the NVS on the basis of recommendations of Joint Secretary & CVO to review and amend the Conduct, Discipline and Appeal Rules and Pension, Gratuity and Provident Fund Rules applicable to the employees of all autonomous organizations for bringing the retired employees within the ambit of conduct rules. The Director, NVS was also requested to take necessary action for the review of relevant rules with a view to introduce provision similar to CCS (Pension) Rules 1972.

xv). That on 25-7-1997 the IIT Kharagpur, under Ministry of HRD Higher education Govt of India gave an option to all its employees to change over from CPF/CPG to GPC cum Pension cum Gratuity Scheme. A true copy of the letter dated 25-7-1997 sent by the Registrar, IIT Kharagpur is annexed hereto as Annexure P 9 (pp.

xvi) That on 6-5-1998 the Registrar IIT Bombay gave option to all its employees to change over to GPF cum Pension cum Gratuity Scheme. A true copy of the letter dated 6-5-1998 sent by the Registrar of IIT Bombay is annexed hereto as Annexure P 10 (pp.

xvii) That a Review Committee set up by the Ministry of Human Resource Development under the Chairmanship of Shri Y. N. Chaturvedi in June 2001 to review the Management Structure & Operating Mechanism of the JNV, inter alia, made the following recommendations:-

“26. The conditions of service in Navodaya Vidyalayas are not as attractive as in comparable schools in urban areas because while in Navodaya Vidyalayas, teachers face problem about education of their children and they remain cut-off from much of the society. The working hours in residential schools are also longer. Therefore, staff should be compensated by some financial facilities for these handicaps. (Para 5.8)

27. The teachers of Navodaya Vidyalaya should be brought under the Pension Scheme which is already applicable in KVS. (Para 5.8)

28. Keeping in view the handicaps faced by teachers of Navodaya Vidyalayas, it is recommended that Government should consider sanctioning a rural area allowance to teachers and other employees of Navodaya Vidyalayas.”

A true copy of the relevant extracts of the Review Committee set up by the Ministry of Human Resource Development under the Chairmanship of Shri Y. N. Chaturvedi in June 2001 is annexed hereto and marked as ANNEXURE P –11 (pp

xviii) That on 9-8-2001 it was decided in the XXIst Executive Committee of NVS held on 9-8-2001 to take up the welfare measures of pension and gratuity to the employee of NVS with the Ministry to enable the teachers to commit themselves and contribute for better performance of the schools. A true copy of the Extract of the XXIst Executive Committee of NVS held on 9-8-2001 is annexed hereto as Annexure P 12 (pp.

xix) That some of the employees of NVS filed O.A. No. 1087 of 2001 titled All India Navodaya Vidyalaya Staff Association & Ors. v. Union of India & Anr. filed before the Ld. CAT, Ernakulam Bench filed for implementation of CCS Pension 1972 but were directed to approach the concerned authorities.

xx) The New Pension Scheme was notified by the Department of Economic Affairs on 22.12.2003.

xxi) That the Navodaya Vidyalaya Samiti had employed Actuary Bhudev Chattarjee to work out the expenditure involved and financial viability of implementation of the CCS Pension Scheme, 1972. The report submitted by the Actuary concluded that if the employees share of contribution upto 31-3-2005 (Rs.103.82 a 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 1972 scheme and clearly had the funds to pay CCS pension 1972 to its employees appointed before 1-1-2004. The above said report was submitted on 21-02-2006. A true copy of the Report submitted by Shri Bhudev Chatterjee Actuary on 21-02-2006 is annexed hereto as Annexure P 13 (pp.

xxii) The Department Related Parliamentary Standing Committee on Human Resource Development in its 148^th Report on the functioning of the JNV’s, inter alia, made the following recommendations with respect to the Pensionary Benefits ought to be granted to the employees of the JNVs’, viz.-

“XVIII Pensionary Benefits to NVS Employees

The Committee takes note of the reservation of the Ministry of Finance in providing Pensionary benefit to employees of NVS. The Committee fails to comprehend the reasons for having different approach of mind for employees working in two organizations doing similar work under a similar set up and conditions. The Committee would like to point out when employees of Kendriya Vidyalaya Sangathan can enjoy the pensionary benefits on their retirement, what deters the Government in providing similar facility for employees of Navodaya Vidyalaya Samiti, many of them away from their families serving in residential schools located in rural areas. The Committee, therefore, strongly feels that the position may be reviewed again and decision acceptable to employees of JNV may be reached at the earliest.”

The aforesaid Report was laid on the table of the Lok Sabha on 02.03.2005 and was presented to the Rajya Sabha on 03.03.2005.

A true copy of the relevant extracts of the 154^th Report of the Department Related Parliamentary Standing Committee on Human Resource Development is annexed hereto and marked as ANNEXURE P 14 (pp

xxiii) The MHRD, Dept of Secondary and Higher Education in the month of March 2006 had prepared a Cabinet Note for introduction of CCS Pension 1972 for the employees of Navodaya Vidyalaya Samiti and submitted to Govt. of India to be placed before the Cabinet for consideration.

The gist of same is as under:-

· The scheme for the establishment of Jawahar Navodaya Vidyalayas (JNVs) was approved by the Union Cabinet in August 1985 to give shape to the vision of the then Prime Minister Shri Rajiv Gandhi to have a residential school system for talented children predominantly from rural areas. The Navodaya Vidyalaya Samiti (NVS) was established as an autonomous body under the administrative control of Department of Secondary & Higher Education, Ministry of Human Resource Development to set up and administer Jawahar Navodaya Vidyalayas (JNVs) under the scheme. JNVs are fully residential, co-educational institutions providing free education including boarding and lodging, textbooks, uniforms etc. upto the senior secondary stage. Thus, Jawahar Navodaya Vidyalayas are addressing the needs of talented rural children who may otherwise be deprived of good quality education.

· Service Conditions of the employees of NVS: The Govt. of India has approved the extension of the pay structure of Central Govt. employees to the teaching and non-teaching staff of JNVs. The Samiti has also adopted Government of India Rules and Regulations on service matters for its employees mutatis-mutandis vide office order No.F.6-1/92-NVS(Admn) dated 30.03.1992. The Govt. of India has also brought NVS under the purview of the Central Administrative Tribunal. However, no pension scheme has been extended to the employees of the Samiti even after more than 19 years of existence of the organization.

· JUSTIFICATION FOR THE INTRODUCTION OF PENSION SCHEME IN NVS:-Navodaya Vidyalayas have emerged as leaders in the secondary school system in the country. These Vidyalayas have performed better than all other schools systems within the short span of their existence. It is very important to recruit and retain competent and qualified teachers willing to serve in interior rural areas so that the vidyalaya can achieve the noble objectives of providing quality education to the talented children from rural areas and serving as pace setting institutions in each district. Being residential schools, the work schedule of the staff of NVS is more demanding in comparison to that of day schools like KVS. Navodaya Vidyalaya teachers are serving at far-flung places where the facilities even for primary education of their children are not available. The employees of Jawahar Navodaya Vidyalayas are completely cut off from the society as well as the facilities of a city life. The employees are working in extreme situation where even the primary health centers are not existing. The higher education of the ward of staff is also severely affected due to their extreme rural areas. It is becoming difficult to attract and retain young talent in the vidyalaya for want of pension scheme. A number of teachers and Principals have resigned from Navodaya Vidyalayas during the last few years mainly on account of non-availability of pension scheme in the organization has also difficult working conditions.

A true copy of the Draft Cabinet Note dated Nil submitted in March 2006 is annexed hereto and marked as ANNEXURE P 15- (pp Despite all the recommendations of the various committees and authorities, recommending for implementation of CCS Pension 1972 for teaching and non teaching employees of JNV/NVS appointed before 1-1-2004, the same has not been implemented till date, in gross violation of the fundamental rights of the employees, whereas the same has been sanctioned to the employees of IITs and IIMs and to various other autonomous bodies by the Ministry of H R D/ Ministry of Finance. There is no justification for this kind of discriminatory action.

xxiv) That on 6-3-2006 the Joint Commissioner NVS wrote a letter to Director Ministry of HRD for introduction of Pension Scheme in NVS. A true copy of the letter dated 6-3-2006 sent by the Joint Commissioner NVS is annexed hereto as Annexure P 16 (pp.

xxv) That on 7-9-2006 a letter was written by Under Secretary to Govt of India, Ministry of Labour and Employment addressed to Director, Ministry of HRD directing the Ministry of HRD for introduction of CCS Pension Scheme for employees of NVS including teachers. A true copy of the letter dated 7-9-2006 sent by the Under Secretary to Govt of India, Ministry of Labour and Employment is annexed hereto as Annexure P 17 (pp.

xxvi) The aforesaid recommendations were reiterated by the Department Related Parliamentary Standing Committee on Human Resource Development in its 184^th Report on Major Issues Concerning the JNV’s, inter alia, holding as under:-

“VI. PENSIONARY BENEFITS TO NVS EMPLOYEES

The Committee reiterates its recommendations made in its 154^th 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 1.1.2004. The Committee would like to draw the attention to 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.”

The aforesaid Report was presented to the Rajya Sabha on 30.11.2006 and was also laid on the table of the Lok Sabha on 30.11.2006. A true copy of the Relevant Extracts of the 184^thReport of the Department Related Parliamentary Standing Committee on Human Resource Development is annexed hereto and marked as ANNEXURE P - 18 (pp

xxvii) That on 5-12-2006 the Joint Director, Ministry of Finance by letter dated 5-12-2006 informed the Commissioner NVS that the Ministry of Finance does not support any mid course correction in the service conditions of the employees relating to pension resulting in an open ended liability on the Government of India. However, Ministry of Finance approved introduction of New Pension Scheme for all regular employees of NVS who joined on or after 1-1-2004. A true copy of the letter dated 5-12-2006 sent by the Joint Director, Ministry of Finance is annexed hereto as Annexure P 19 (pp.

xxviii) The Commissioner of the NVS was constrained to make a representation dated 29.12.2006 to the Sixth Pay Commission, inter alia, pointing out the following deficiencies, viz:-

· The employees of the JNV’s were not being granted with retirement benefits like pension, gratuity etc., which had an adverse effect their social and financial security;

· Employees of similarly situated organizations such as those of Kendriya Vidyalaya Sangathan, National Institute of Open school, Central Tibetan Schools Organization etc. were enjoying the above-mentioned retirement benefits, which were being unfairly denied to the employees of JNVs;

· Denial of pensionary benefits to the employees of the NVS, which are available to other similarly situated employees, had come in the way of attracting good teachers to the JNVs;

· Since the NVS has been provided 100 % funds in the form of grants-in-aid by the Ministry of Human Resources Development, its employees are eligible for pensionary benefits which were normally applicable to similar categories of employees in autonomous organizations of Government of India viz. Kendriya Vidyalaya Sangathan, National Institute of Open Schooling etc.

A true copy of the Representation dated 29.12.2006 issued by the Commissioner of the NVS to the Sixth Pay Commission annexed hereto and marked as ANNEXURE P -20 (pp

xxix) Even the 198^th Report of the Department Related Parliamentary Standing Committee strongly recommended the Government to introduce Pension Scheme to the employees of NVS and reiterated the its recommendations made in the 148^th Report for provisions of pensionary benefits to the employees of NVS on the same level as being given to employees of the Kendriya Vidyalaya Sangathan and submitted the same on 17-8-2007. A true copy of the Parliamentary Committee’s 198^th Report is being annexed herewith and marked as ANNEXURE-P 21 (pp

xxx) That on 01.05.2008 representation from All India Navodaya Vidyalaya Staff Association (Ranchi Unit) {Ref No. AINVSA/RU/08} was made to the Chairman, Review Committee, VIth Pay Commission-cum-Cabinet Secretary for grant of Pensionary benefits under CCS(Pension) Rules, 1972 to the Employees of NVS. A true copy of the letter dated 01.05.2008 is being annexed herewith and marked as ANNEXURE-P 22 (pp

xxxi) That on 05.08.2008 representation from All India Navodaya Vidyalaya Staff Association (Central Executive Committee) {Ref No. AINVSA/CEC/2008/17-6} was made to the Hon’ble Prime Minister, Govt. of India, for grant of CCS Pension and Higher Pay Scales to the staff of Navodaya Vidyalaya Samiti. A true copy of the letter dated 05.08.2008 [Ref.No. AINVSA/CEC/2008-2009/5-8/1] is being annexed herewith and marked as ANNEXURE-P 23 (pp

xxxii) That on 14.08.2008 the Ministry of Human Resource Development, Department of School Education & Literacy, vide letter no. F-5-7/98-UT-1, has conveyed the approval of the Union Cabinet for introduction of the New Pension Scheme of Govt. of India to all regular Navodaya Vidyalaya Samiti(NVS) employees joining NVS after its notification by the Samiti and giving an option to the regular employees of NVS as on the date of notification to continue with the existing CPF Scheme or to join the New Pension Scheme.

xxxiii) That on 24.09.2008 one P.N. Mishra filed Writ Petition No. 4946 of 2008 before the Hon’ble Jharkhand High Court, raising specific question of law that Respondents have discriminated by not granting Pensionary benefit to the staff of the NVS.

xxxiv). The Ministry of Human Resources Development, conveyed the approval of the Union Cabinet for introduction of the New Pension Scheme of the Government of India to all regular NVS employees joining after its notification by the NVS. The regular employees of NVS were given the option to continue with the existing CPF Scheme or to join the New Pension Scheme.

xxxv). Pursuant thereto, the All India Navodaya Vidyalaya Principal’s Forum made a representation to the Minister, Human Resource Development, on 16.06.2009 requesting that the Government of India Pension Scheme should also be extended to those NVS employees who joined prior to 01.01.2004.

A true copy of the representation dated 16.06.2009 made by the All India Navodaya Vidyalaya Principal’s Forum to the Minister, Human Resource Developments annexed hereto and marked as ANNEXURE P 24 (pp.

xxxvi) That on 29-6-2009 Shri P. Karunakaran, MP wrote a letter to the Minister of HRD to extend the benefits of CCS Pension Rules 1972 to the employees of NVS who joined prior to 1-1-2004. A true copy of the letter dated 29-6-2009 sent by P. Karunakaran, Member of Parliament, is annexed hereto as Annexure P 25 (pp.

xxxvii) That on 10-7-2009 the Ministry of HRD implemented GPF cum Pension Scheme to the employees of five other IUCs established by University Grants Commission who have joined prior to 1-1-2004. A true copy of the letter dated 10-7-2009 sent by the Director, Ministry of HRD is annexed hereto as Annexure P 26 (pp

xxxviii). That pursuant to the aforesaid approval dated 14.08.2008, the NVS vide Notification dated 04.08.2009 notified that the New Pension Scheme would be applicable to all the regular employees of NVS and would come into force w.e.f. from 01.04.2009. Only those regular employees of NVS who joined on or after 01.04.2009 were to become eligible for the benefits of the New Pension Scheme. Those employees who had joined NVS on regular basis before 01.04.2009 were given the option to continue with the existing CPF Scheme or to join the New Pension Scheme.

A true copy of the Notification dated 04.08.2009 issued by the NVS is annexed hereto and marked as ANNEXURE P 27 (pp.

xxxix) That on 14-9-2009 Minister of Parliamentary Affairs and Water Resources Shri. Pawan Kumar Bansal wrote a letter to Shri. Kapil Sibal, requesting to extend the benefits of CCS Pension Rules 1972 to those employees who have joined prior to 1-1-2004. A true copy of the letter dated 14-9-2009 sent by Minister of Parliamentary Affairs and Water Resources, Govt of India is annexed hereto as Annexure P 28 (pp.

xl) That on 29-10-2009 the Joint Commissioner, NVS sent a letter to Joint Action Committee of Employees Associations/Forum of NVS requesting not to go on strike and ensuring to support the genuine demands of the employees. A true copy of the letter dated 29-10-2009 sent by the Joint Commissioner of NVS is annexed hereto as Annexure P 29 (pp.

xli) That on 9-11-2009 the Joint Action Committee of Employees Association / Forum of Navodaya Vidyalaya Samiti sent a representation to Shri. Kapil Sibal Hon’ble Minister of HRD for introduction of GPF cum Pension Scheme to the employees of NVS who joined prior to 1-1-2004. A true copy of the Representation sent by the Joint Action Committee of Employees Association / Forum of Navodaya Vidyalaya Samiti dated 09-11-2009 is annexed hereto as Annexure P 30 (pp.

xlii) That on 23-11-2009 one Member of Parliament Shri. Rudramadhab Ray gave notice under Rule 184 of the Rules of Procedure and Conduct of Business in Lok Sabha to move a motion regarding non-implementation of GPF cum Pension Scheme under the CCS Pension rules 1972 for employees of NVS who have joined prior to 1-1-2004. A true copy of the Notice of motion dated 23-11-2009 issued to the Secretary General, Lok Sabha is annexed hereto as Annexure P 31 (pp.

xliii) That on 30-11-2009 another Member of Parliament Shri. Magunta Sreenivasulu Reddy wrote a letter to Prime Minister and also Minister for HRD requesting to provide CCS Pension benefits to the employees of NVS. A true copy of the letters dated 30-11-2009 sent by Sreenivasulu Reddy Member of Parliament is annexed hereto as Annexure P 32 (pp.

xliv) Some of the employees of NVS filed O.A. No. 966 of 2009 titled K. Kesava Rao & Ors. v. NVS & Ors. filed before the Ld. CAT, Hyderabad Bench for implementation of CCS Pension 1972 but were directed to approach the concerned authorities.

xlv) . The Hon’ble Member of Parliament Shri Prahlad Joshi and Shri Nalin Kumar Kateel in their letter in 2009 addressed to the Hon’ble Finance Ministry, Govt. of India, had requested the Hon’ble Minister to intervene in the matter of introduction of CCS Pension 1972 to the employees of NVS, inter alia, submitting as under:-

“Very recently the Union Cabinet has approved the introduction of New Pension Scheme of Govt of India to all the regular employees of Navodaya Vidyalaya Samiti as per its order dated 14-08-2008. Actually the New Pension Scheme is applicable to the employees of Govt. of India who have joined after 01.01.2004. According to this the employees of Navodaya Vidyalaya Samiti who are in service since inception for seventeen years, who joined between 1986 to 2003 are deprived of their eligible, entitled desired Pensionary benefits as a social justice. Sir, 154^th, 184^th and 198^th reports of Parliamentary Standing Committee on HRD have recommended for pensionary benefits to the employees of Navodaya Vidyalaya Samiti as per CCS Pension rules 1972. Whereas organization like Prasar Bharti, national Open Schools which have been established after establishment of Navodaya Vidyalaya Samiti have been extended with the above said pensionary benefits.

Under all these circumstances, I strongly feel, that the employees of Navodaya Vidyalaya Samiti who are the fore runners in the field of education for their devoted and dedicated service, deserve the pensionary benefits as per CCS Pension Rules 1972.”

A true copy of the letter dated nil sent by Shri Prahlad Joshi is annexed hereto as Annexure P 33 (pp

xlvi). The Hon’ble then Finance Ministry had replied the request of the above M.P’s as under:-

“Kindly refer to your letter dated 24^th December 2009 wherein the issue of introduction of Govt. of India Pension Scheme to the employees of Navodaya Vidyalaya Samiti (NVS) as per CCS (Pension) Rules (1972) has been raised.

The employees of NVS who had joined prior to 01.01.2004 are covered under the Contributory Provident Fund Scheme. The proposal to extend the CCS (Pension) Rules, 1972 to these employees has already been examined in this Ministry on numerous occasions from 1989 onwards but could not be agreed to. The employees of the NVS are not absolutely at par with the benefits like free boarding and lodging, admission of their wards without entrance test in NVS etc. which are not available to the other Central Govt. employees.

The Ministry of Human Resource Development had moved a Note for the Cabinet and sought the approval of Cabinet for :

i) introduction of NPS to all regular employees joining NVS after the date of notification and

ii) giving an option to the regular employees of NVS as on the date of notification of NPS to continue with the existing CPF scheme or to join the NPS. This proposal has already been approved by the Cabinet.

If the Pension Scheme under CCS (Pension) Rules , 1972 is extended to the employees of Navodaya Vidyalaya Samiti who joined prior to 01.01.2004, there would be similar demands from other similarly placed autonomous bodies and which would be very difficult for the Govt to resist. The Ministry of Finance is therefore unable to extend the Pension Scheme under CCS Pension Rules 1972 to the employees of NVS.”

A true copy of the reply letter dated nil sent by Shri Pranab Mukherjee, the then Finance Minister is annexed hereto as Annexure P 34 (pp.

xlvii) That on 3-12-2009 the Additional Director, Lok Sabha Secretariat sent a letter to the Ministry of HRD asking for a Note indicating the factual position with regard to the matter raised in the Notice of Motion dated 23-11-2009. A true copy of the Letter dated 3-12-2009 sent by the Additional Director, Lok Sabha Secretariat is annexed hereto as Annexure P 35 (pp.

xlviii) That on 10-12-2009 the Deputy Secretary, Ministry of HRD wrote a letter dated 10-12-2009 to the Commissioner of NVS to send an explanatory note along with financial implication for extending the CCS pension scheme to its employees of NVS who have joined prior to 1-1-2004. A true copy of the Letter dated 10-12-2009 sent by the Deputy Secretary to Government of India, Ministry of HRD is annexed hereto as Annexure P 36 (pp.

xlix) That on 29-1-2010 the Under Secretary to GOI, Ministry of HRD wrote a letter to the Commissioner enclosing the copy of the Minutes of the meeting whereby it was recorded in the meeting that the Secretary would take up the issues with the Ministry of Finance for an early decision. A true copy of the letter dated 29-1-2010 sent by the Under Secretary to GOI, Ministry of HRD to the Commissioner of NVS is annexed hereto as Annexure P 37 (pp.

l) That on 6-3-2010 the Joint Action Committee of Employees Association / Forum of Navodaya Vidyalaya Samiti sent another representation to the Minister for Finance requesting to provide GPF cum Pension Scheme 1972 to the employees of NVS who were in service prior to 1-1-2004. A true copy of the letter dated 6-3-2010 sent by Joint Action Committee of Employees Association / Forum of Navodaya Vidyalaya Samiti is annexed hereto as Annexure P 38 (pp.

li) That on 12.05.2010 the Commissioner of Navodaya Vidyalaya Samiti wrote a letter to the SC Khuntia, Joint Secretary, Ministry of HRD requesting the Government to extend the pensionary benefits to the employees who have jointed NVS before 1-1-2004 under the CCS Pension Rules 1972. A true copy of the letter dated 12-5-2010 sent by the Commissioner of Navodaya Vidyalaya Samiti is annexed hereto as Annexure P 39 (pp.

lii) That in the year 2010 an O.A. No. 1325 of 2010 titled Dr. N.N. Singh & Ors. v. NVS & Ors. filed before the Ld. Central Administrative Tribunal, Principal Bench, New Delhi praying for implementation of the CCS Pension 1972 and they were not given any relief but were directed to approach the concerned authorities

liii) That on 23-3-2011 the All India Navodaya Vidyalaya Staff Association sent a representation to Her Excellency The President of India to implement the CCS Pension 1972 to all the staff who have joined prior to 1-1-2004. A true copy of the Representation dated 23-3-2011 sent by the Association is annexed hereto as Annexure P 40 (pp.

liv) That on 02.03.2012 the Hon’ble High Court of Jharkhand was please to dismiss the Writ Petition No. 4946 of 2008 on the ground that the said writ petition is without any merit.

lv) That in the year 2012 against the above said judgment, Shri P.N. Mishra had filed SLP (C) No.19102 of 2012 and the same is pending.

lvi) That on -11-2012 the present Writ Petition is filed by the Petitioners herein who are not parties to the Special Leave Petition.

IV. Grounds

i. Because the Right to Equality guaranteed by Articles 14 and 16 (1) is violated in as much as the teaching and non-teaching employees of Navodaya Vidyalayas run by Navodaya Vidyalaya Samiti, an autonomous body under the Ministry of Human Resource Development, Government of India, are discriminated against in the matter of Pension as against similar employees discharging similar duties in other similarly funded autonomous institutions under the same Ministry, like Kendriya Vidyalaya Samiti, Sainik School, Military School, National Open School and Central Tibetan Schools Association, National Council for Educational Research and Training, National Institute of Planning and Administration. When there are number of institutions engaged in imparting education, there cannot be discrimination by the controlling Ministry against the employees of one institution as compared to all other similar institutions.

ii. Because not only the Navodaya Vidyalaya Samiti, the autonomous body which runs institutions, strongly supported the case of the Petitioner and other employees for grant of pensionary benefit by extending the 1972 Pension Scheme to them, several MPs and others. Even the Parliamentary Standing Committee of Human Resource Development and a Review Committee constituted by Ministry of Human Resource Development under the Chairmanship of Shri Y.N. Chaturvedi, Former Secretary, Government of India have also strongly recommended. The only reason given by the Ministry of Finance for not accepting the unanimous recommendation made by all these bodies is resource crunch which is an untenable plea. In the Municipal Council, Ratlam v Vardichan, (1980) 4 SCC 162, this Hon’ble Court declared in clear and categorical terms that when it is a case of discharge of a constitutional duty in terms of a Directive Principle of State Policy in Part-IV of the Constitution, financial inability cannot be pleaded as a justification for not discharging it. In the instant case, not only imparting education is mandated by the Constitution and the Directive Principle of State Policy set out in Articles 41, 45 and 46, but the Right to Equality guaranteed by Articles 14 and 16 (1) requires non-discrimination. Therefore, it is not open to the Union Government to plead resource crunch as an allibi for breach of the Constitutional mandate.

iii. Because it is settled law that similarly situated persons should be treated with the same yardstick and should get similar benefits as held in 1990 Supp SCC 688 at 691 pr 7 titled O.Z. Hussain (Dr) (Ms) v. UOI

iv. That the cut-off date prescribed by the NVS in the present case is ex-facie discriminatory and is based on no reasonable classification and/ or intelligible differentia and is hence, violative of the provisions of Article 14 of the Constitution of India

v. That a Constitution Bench of this Hon’ble Court in D.S. Nakara v. Union of India reported in (1983) 1 SCC 305 has held that pensioners form a class and they cannot be unequally treated on the ground that some have retired before others. Further, this Hon’ble Court held that Pension is neither a bounty nor a matter of grace depending upon the sweet will of the employer and that it is not an ex gratia payment but a payment for past services rendered. Further, this Hon’ble Court held that it is a social welfare measure rendering socio-economic justice to those who in their hey-days ceaselessly toiled for their employer on an assurance that in their old age they would not be left in any lurch.

vi. It is submitted that it is well settled legal position as held by this Hon’ble Court in a catena of decisions that pension is not a bounty payable on the sweet will and pleasure of the Government but is a valuable right vested in an employee. This Hon’ble Court has also held that right to receive pension is Property under Article 31 (1) and 19 (1) (f) of the Constitution as held in Deokinandan Prasad v. State of Bihar 1971 (2) SCC 330 and State of Kerala v. M. Padmanabhan Iyer 1985 1 SCC 429.

vii. Because the employees of Kendriya Vidyalaya Sangathan who were in service on 31-12-2003 enjoy the pensionary benefits on their retirement. It is only those employees who joined on or after 1-1-2004 are governed by the New Pension Scheme (NPS). The employees of Navodaya Vidyalaya Samiti are doing the similar work under a similar setup and conditions. Most importantly the Navodaya Vidyalaya Samiti employees putting more working hours Jawahar Navodaya Vidyalayas residential in nature being situation in remotest villages of the Districts sacrificing their family life. So not extending the similar benefits to the employees of NVS is not only discriminatory but also violative of the principles of equal pay and conditions of service to equal work and thus violative of Articles 14 and 39 (d) of the Constitution of India.

viii. Because it is irrational and unreasonable on the part of the Union Government to conclude that NVS having contributory Provident Fund Scheme should continue to be governed by that Scheme as the New Pension Scheme (NPS) was only applicable to the organizations which earlier had GPF cum Pension Scheme prior to 1-1-2004.

ix. Because as per the decision taken by the Government of India on the recommendations of the Fourth Pay Commission, all the CPF beneficiaries as on 1^st January 1986 had been given an option to switch over to Pension GPF Scheme. As on 1^st January 1986, Navodaya Vidyalayas were administered by National Council of Education Research and Training on behalf of Ministry of Human Resource Development, it may be mention here that National Council for Education Research & Training is covered under the CCS pension 1972 at the time of opening of two model schools referred herein. This being the position, the employees of the Navodaya Vidyalayas ought to have been given an option to come over to Pension GPF Scheme on 1-1-1986. It is unreasonable and irrational on the part of the Union Government to deny such a benefit to the employees of Navodaya Vidyalayas on the specious plea that NVS was registered as a society under the Societies Registration Act 1860 in Feb 1986. It needs to be emphasized here that there is no law which debars the employees of an autonomous body from getting pensionary benefits on their retirement. Even teachers of grant-in aid private schools are given the pensionary benefits on their retirement. It may not be out of place to state that the union government here already implemented pension scheme to teachers in the unorganized sector and as such dining the legitimate right of the petitioners are gross violation of fundamental rights. It is very pertinent to point out that the CCS Pension 1972 was made applicable to the employees of CTSA with effect from 2-3-1988.

x. Because failure on the part of the Union Government in giving the benefit of pensionary benefits to the employees of NVS who were in service on 31-12-2003 on par with the employees of KVS/CTSA/Sainik School/Millitary school etc. is violative of their right to life under Article 21 of Constitution. A comparative chart of Kendriya Vidyalaya Samiti and Navodaya Vidyalaya Samiti showing parity and disparity is given below:

KVS			NVS
A. Parity
1.	Run under Ministry of HRD, Union of India	1.		Run under Ministry of HRD, Union of India
2.	Fully funded and aided by Union of India.	2.		Fully funded and aided by Union of India.
3.	Autonomous body of Union of India	3.		Autonomous body of Union of India
4.	Registered under Society Registration act, XXI, 1860.	4.		Registered under Society Registration act, XXI, 1860.
5.	Classes run – classes – up to XII.	5.		Classes run – classes – up to XII.
B. Disparity
1.	Teaching & non-teaching employees appointed before 1.1.2004 are getting the benefits of CCS Pension, 1972.	1.		CPF Scheme 10% of the basic pay only.
2.	Working hours – 6 hrs. (9.00 A.M. to 4.00 P.M.)	2.		Working hours – 16 hrs. (6.00 A.M. to 10.00 P.M.)
3.	Co-education day school.	3.		Co-education fully residential school.
4.	Responsibility of students on teachers and staff – 6 hrs.	4.		Responsibility of students on teachers and staff – 24 hrs.
5.	Off day – Sunday & 2^nd Saturday.	5.		Off day – On Sunday, only academic activities are off, but other responsibilities remain on the teachers & staff.
6.	Teaching students – Wards of Central Govt. Transferable Employees.	6		Teaching students – Talented deprived students of rural remote areas of all over the country.
7.	Performance of Students – Medium results	7.		Performance of Students – Outstanding and best among all the private and public sector schools of India.

xi. Because the artificial cut-off date sought to be enforced by the NVS in the present case is neither based on the ground of additional financial burden nor on the fact that under the terms of employment, the employees of the NVS were not entitled to receive the benefit of pension or retirement;

xii. Because the Navodaya Vidyalaya Samiti had employed Actuary Bhudev Chattarjee to work out the expenditure involved and financial viability of implementation of the CCS Pension Scheme, 1972. The report submitted by the Actuary concluded that if the employees share of contribution upto 31-3-2005 (Rs.103.82 a 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 1972 scheme and clearly had the funds to pay CCS pension 1972 to its employees appointed before 1-1-2004. Again a second Actuary Committee was engaged to work out the financial implications of CCS Pension 1972 if implemented. This Committee also made it clear that the funds can be borne by the NVS for 13 years after which the Government will meet the new pension liabilities each year. Analyzing the above statistical position it is crystal clear that NVS itself is in a position to bear the financial implications very easily for implementation of CCS pension 1972 to NVS employees appointed before 1-1-2004.

xiii. Because it is not only important to recruit competent teachers but also to retain them in service. Since the Navodaya Vidyalayas are residential Schools the work-schedule of the employees is more demanding. Quite a few teachers and principals had resigned due to non-availability of the pension scheme.

xiv. Because the demand of CCS Pension 1972 of the employees of Navodaya Vidyalaya Samiti cannot be equated with that of other autonomous bodies and demand for implementation of Pension scheme since the ministry of HRD is having huge unutilized amount in thousands of crores collected towards Education Cess at the rate of 2.5%, both in respect of Direct and In-Direct tax. The Education Cess from Direct Tax collected by the Govt. of India for the year 2011-12 is more than Rs.10,000/- Crores. Further it is submitted that not a single organization is left out for depriving the benefit of CCS Pension 1972 except for the employees of Navodaya Vidyalaya Samiti as per the document attached along with the Writ petition. Further, it is submitted that the Govt. of India had introduced New Pension Scheme in respect of employees who had joined Govt service w.e.f 01.01.2004 and as such the contention of Finance Ministry is uncalled for and unfounded. Here the demand of the employees for introduction of CCS Pension 1972 in respect of employees who joined service prior to 01.01.2004 which comes to around 15000 employees. In any case, the Govt. of India is not going to be burdened with financial liability in case the management share is transferred to the Pension fund and a one time corpus is created as recommended by the Ministry of HRD in the cabinet note already referred in the Writ petition. The reasoning given by the Ministry of Finance for not granting pensionary benefits to the employees of NVS schools are as follows:-

a) Dining with the children is misrepresented as benefit extended in the name of free boarding, whereas the duty of dining with the children is being carried to inculcate good dining habit followed by close observation of the children during this time, which cannot be done by merely standing beside the child. The pastoral care cannot be executed by distant observation whereas a participatory method has been successful in winning the hearts of the children.

b) It is further submitted that free food is provided only to the house - masters. Others are not provided with such free boarding.

c) Provision of the free education to the wards of the staff, has not been on part with the children of Navodaya Vidyalayas. Due to the fact that the remote location of the working and the compulsory residence in the campus calls for no alternative but to extend just allow the educational facilities to the ward of the employees of the Vidyalaya on humanitarian grounds rather than as compensation. The employees are incurring expenditure towards uniform, etc. It is further clarified that wards of employees working in Navodaya Vidyalaya Samiti Head Quarters or Regional Office are not provided with the education in JNVs which has been wrongly mentioned by the respondent. Further it is stated that the employees are not entitled for Children Education Allowance due to their wards study in the vidyalays.

d) It is stated that the employees of Sainik School, CTSA, other residential schools run by Central / State Govt employees are also getting free boarding, lodging and free education for their wards and they are also getting CCS Pension 1972 after their retirement. Equating certain facilities being given to certain group of employees due to their peculiar nature of duties and responsibilities and depriving CCS Pension 1972 to Navodaya Vidyalaya employees is a clear case of violation of fundamental rules and discriminatory treatment to a group of employees. It is duty of the employer that too the employer being Govt. of India to ensure proper social security to its staff after retirement. It is further mentioned that the above facilities are not provided to the non-teaching staff of NVS and as such making a inference by the Finance Minister is totally uncalled for and an after thought to deprive the genuine demand of the NVS employees. It is further stated that the 10% Special Allowance recently granted by the Government of India is admissible only to the Teaching Staff in the vidyalayas depriving the same to the non-teaching staff. As a matter of fact the non-teaching staff is also equally involved in the discharge of extra duties as in the case of teaching staff.

e) The free boarding for House Masters has nothing to do with the post retirement social security of all employees of NVS. As regards funds constraints mentioned by the Finance Minister, it is stated that NVS being fully funded by Govt. of India, fund constraints is not an issue as NVS employees are also eligible for the same pension scheme as applicable for other Central Govt. employees. As per the estimation given by the Ministry of H.R.D in the year 2006 in a draft Cabinet Note, the requirement of fund projected for implementation of CCS Pension 1972 for NVS employees was only around Rupees one hundred crore additional liability plus management share of CPF. It may also be mentioned that as per the RTI reply given by Ministry of Finance, the pro rata collection of 2.5 % of Income tax for year 2011-12 (In respect of Direct Tax only) was 3,58,971.38 Crores of Rupees, this amount is only a fraction of total Education Cess collected by the Govt. of India. Presently, Govt. of India is spending hardly 2 – 3 % of total Budget towords education sector, whereas, as per various recommendations from committees formed by the Govt. of India, the allocation should be 5 - 6 % and as such, the statement of the then Finance Minister is not in consonance with the ground reality. It was also reported recently that the collection of Education Cess has got accumulated and lying unspent with the Govt. of India since last couple of years. In view of above position not extending CCS pension 1972 to Navodaya Vidyalaya employees are mearly an excuse on the part of ministry of finance.

xv. Because similarly situated institutions are granted Pension as per the CCS (Pension) Rule, 1972 and without any valid reason the employees of the NVS are not being granted Pension under the same Rule. This kind of step-motherly treatment should not be meted out to the Navodaya Samiti Schools who works so hard and have achieved excellent result consistently and have created a new benchmark to the Institutions like Kendriya Vidyalaya Sangathan, CBSE, CTSA and other Central Govt. Educational Institutions, State Govt. Education Institutions and Public Schools run by Private Institutions.

The following institutions are enjoying the benefit of the Pension Scheme after the coming of existence of Navodaya Vidyalaya Samiti:-

Name of the Organization	Status	Effective Date
Life Insurance of India	Statutory Insurance Corporation	1.1.1993
General Insurance Corporation of India	Statutory Insurance Corporation	1.1.1993
National Insurance Company Limited	Statutory Insurance Corporation	1.1.1993
The New India Assurance Company Limited	Statutory Insurance Corporation	1.1.1993
The Oriental Insurance Company Limited	Statutory Insurance Corporation	1.1.1993
The United India Insurance Company Limited	Statutory Insurance Corporation	1.1.1993
National Human Rights Commission	Statutory Body under MHA	Pension Scheme introduced on the basis of D.O. letter written by the JS Ministry of Home Affairs to the Secretary NHRC
Indian Institute of Public Administration	Registered society under DOPT	GOI provided Rs.400 lacs for a non-recurring pension corpus fund in 1997-98 & 98-99
National Open School	Registered Society Under MHRD	Pensionary benefits extended to the employees of NIOS from the date of registration as a society i.e. 23-11-89 on the ground that earlier this was started as a project under CBSE/ Department of Secondary Education & Higher Education
IGNOU	Central University (set up in September 1985)
Central Tibetan School Administration	Registered Society under MHRD	Vide circular No.F 22-31/86 dated 2^nd March 1988 with the approval of GOI
Mizoram University	Central University under MHRD (Established in the Year 2001)
Maulana Azad National Urdu University Hyderabad	Central University under MHRD (Established in the year 1998)
IIT Roorkee	Notification dated 25-1-2002 issued on the basis of Govt of India Ordinance No.6 of 2001 dated 21-9-2001 while declaring the University of Roorkee as IIT
Konkan Railway Corporation Ltd	A Government of India undertaking set up in 1998	With the approval of BOG – Meeting held on 27-1-2004

xvi. Because even though Para 24 of the Memorandum of Association of the NVS enable to prescribe REGULATIONS “to determine procedures for payment of pension, gratuities or provident fund of employees of the society or to their wives, children or other dependents;” the NVS has not prescribed any specific procedure for the payment of Pension etc, from 1986 till 2008, when the New Pension Scheme as issued by the Central Govt. was notified dated 13.07.2008. In compliance with the above Rule contained in the Memorandum of Association, NVS has made provision for payment of gratuity vide notification dated 30-5-2008 but notification for payment of pension (CCS Pension 1972) to the employees of NVS appointed before 1-1-2004 has not yet been issued. For implementing the above programme NVS can use the present mechanism which is managing the contributory provident fund system in NVS. Thus, there would be no additional cost for the maintenance of pension establishment because after implementation of CCS pension 1972 the CPF pension will not be required. Therefore further delay of implementation of CCS pension 1972 for the hard working employees of NVS appointed before 1-1-2004 is arbitrary and unreasonable and grave injustice is caused to the employees as their families are facing lots of hardships and financial crisis and also suffering on account of lack of funds to take care of their medical needs in their old age. For subsistence physically fit and mentally alert retired employees are serving in Private Institutions at very low remuneration degrading their status.

xvii. Because the actions of the Central Govt. in not providing the Pension Scheme to employees of NVS is arbitrary as much as the Central Govt. has already provided to similarly situated institutions like, Institute of Technology Kanpur, IIT Bombay, IIT Kharagpur, CSIR, NEIPA,NCERT, IGNOU, Central Tibetan School, National Open School , Milltary School, Sainik School etc.etc..

xviii. Because during 1995-2011, number of representations, by the All India Navodaya Vidyalaya Staff Association as well as the Commissioners’ of NVS, were made to various Departments of the Govt. concerned for the implementation of the CCS Pension Scheme, to no avail.

xix. Because the Petitioners were aggrieved by the New Pension Scheme due to following reasons:-

· The Union of India ought to have taken specific decision for implementing Pension Scheme under CCS Pension Rule, 1972, to NVS in the light of the resolution of the NVS’s Executive Committee dated 12.01.1992, whereby the Samiti has adopted the Central Govt. Rules & Regulations in the service matter of the employees of the Samiti, mutatis-mutandis, till such time the Samiti frames its own rules and regulations, also despite various representations by the All India Navodaya Vidyalaya Staff Association as well as representation of NVS, no fruitful result could be achieved.

· As per the condition for receiving grants in aid from Govt. of India in respect of Autonomous bodies there is a stipulation that All Autonomous Bodies or grantee institutions which receive more than 50% of their recurring expenditure in the form of grants-in-aid should formulate terms and conditions of service of their employees so that by and large they are broadly comparable to those applicable to similar categories of employees in Central Government.

· The interpretation of NVS is that all employees appointed prior to cut-off date 01.04.2009 are governed by the CPF Scheme, is wrong as much as it was the duty of the NVS to enforce the CCS Pension Scheme, 1972 which they have adopted as their own resolution dated 12.01.1992.

· The act of the Union of India as well as the NVS to force the employees appointed prior to the cut-off date to 01.04.2009 to opt either CPF Scheme or to join the New Pension Scheme is arbitrary and unfair, so much as that the NVS as well as Union of India, have failed to provide Pension as per the CCS Pension Rule, 1972.

Comparative Chart between CCS Pension, 1972 (GPF), CPF and NPS

ILLUSTRATION

CCS Pension 1972 (GPF)

CPF (NVS)

NPS (w.e.f. 1.1.2004)

A. At the time of retirement to be paid

1. Half of Basic Pay (1000 ÷ 2)

2. D.A. admissible on the day – Now – 65%

5000

3250

A. Payment under CPF scheme is a kind of bounty in nature.

1. Employees share

Basic Pay	Grade Pay	DA on BP & GP	Total	10% of Total
10000	2400	8060	20460	2046

2. Employers share

Basic Pay	Grade Pay	DA on BP & GP	Total	10% of Total
10000	2400	8060	20460	2046

Grand Total Rs.4692

Total per month Rs. Pension (@ CCS 1972) to be paid

8250

B. Other benefits

1. On revision of pay by pay commission basic pay enhanced by refixation of pension.

2. On increase of DA. DA on pension will also increase.

3. After expiry of employees on duty/after retirement, spouse gets 50% pension.

1. Employees share

Basic Pay – 10% 10000 – 1000

2. Employers share

Basic Pay – 10%

10000 – 1000

Total Rs.2000

B. To be paid adding interest of 60% on both contribution at the existing rate in the related financial year at the time of leaving/retirement in bounty.

C. After – 20 years

i) 4692x12x20-60% = 675648

ii) After investment Interest – 45000 / yr.

iii) 3750 / month

D. No social security.

C.Tenure of payment of Pension (as per VI CPC)

1. Full – 20 yrs. Service

2. Half – 10 yrs. Service

C. After – 20 yrs.

1000x12x20=240000

After investment

Interest-24000/yr. 2000/month

D. No social security

E. 40% of both contributions to be invested in shares by pension regulatory fund in case of earning profit the same will be distributed among the employees.

Pension regulatory fund is organization managed by Private & Public Authorities.

D. Pension Paid by Union of India/Autonomous Bodies to its employees appointed before 1.1.2004 from the contribution of employers share.

G. To be paid adding interest on both contribution at the existing rate in the related financial year at the time of leaving/retirement in bounty.

F. The procedures of payment of these amounts are still vague.

G. The tenure of payment has not yet been finalized by Union of India/Pension regulatory fund organization.

V. That the Petitioners have not filed any other or similar Petition before this Hon’ble Court, or any other Court, seeking the same reliefs as are prayed for, in the present Writ Petition.

VI. That the Petitioners have no other alternative or legally adequate or efficacious remedy for the enforcement of the their Fundamental Rights guaranteed by the Constitution, as prayed for, in the present Writ Petition.

VII PRAYER

In light of the above-mentioned facts and circumstances, it is therefore most respectfully prayed that this Hon’ble Court may be pleased to:-

A) issue an appropriate Writ, Order or Direction in the nature of Mandamus for directing the respondents to extend the CCS Pension Scheme of 1972 to all the employees of the Navodaya Vidyalaya Samiti, who had join prior to 01.01.2004.

B) pass such other and further Orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.

AND FOR THIS ACT OR KINDNESS THE PETITIONERS AS IN DUTY BOUND SHALL EVER PRAY

DRAWN AND FILED BY:

Settled by Shri P.P. Rao

Senior Advocate

Supreme Court

MAHALAKSHMI PAVANI Advocate for the Petitioners

New Delhi Filed on: __.11.2012

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WP No. of 2012

In the matter of

S. Kannan and ors … Petitioners

Vs.

Union of India and ors … Respondents

AFFIDAVIT

I S. Kannan, Aged 48 years, Son of K. Sundaravelu, Principal, Jawahar Navodaya Vidyalaya, Canacona, South Goa, Goa- 403 702 having come down to New Delhi do hereby solemnly affirm and sincerely state as follows:

1 I am the first Petitioner in the above Writ Petition and am well acquainted with the facts of this case and as such competent to swear to this affidavit. I am filing this affidavit on my behalf as well as on behalf of other petitioners.

2 That I have read and understood the contents of the accompanying List of Dates at pages and paragraphs 1 to 7 of the Writ Petition and state that the facts stated therein are true and correct to the best of my knowledge, belief and information based on official records and court records. That the Annexures filed along with the Writ Petition are true copies of the respective originals.

Verified at New Delhi on this the 4^th day of November 2012

DEPONENT

VERIFICATION

I, S. Kannan, the Petitioner No.1 in the above Writ Petition do hereby declare that the facts stated in paras 1 and 2 of this affidavit are true and correct to the best of my knowledge and belief. No part of it is false and nothing material has been concealed.

Verified at New Delhi on this the 4^th day of November 2012.

DEPONENT

A.I.N.V.S.A

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Friday, November 30, 2012

DRAFT OF A FRESH WRIT PETITION ( No.518/2012) IN S.C BY THE EFFORTS OF PUNE REGION FOR PENSION GOI 1972

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