Representations to send to Cabinet Ministers to pass the Cabinet Note

Dear NVS friends,                   

Ladies and gentlemen, lets not shy away from sending our representations for Pension GOI 1972 . One more representation proforma is enclosed herein ,above, to put up to the cabinet ministers at the earliest; personally , by regd post or by email/fax , so that it reaches before 10 May 2013. The Cabinet note should be successful this time...

As you are aware that the next listing of Pension Case in S.C is on 12 July 2013; we should not sit idle or in lassitude ,but  carry forward this vigour by other means, such as this.

All the SEC , REC and CEC office bearers of AINVSA and the Unit Secretaries are requested to take up the task of circulating this proforma and take pains to remit this, mutatis mutandis, to the List of Cabinet ministers


Thanking you

Yours faithfully

(S.S.NAIR )
Dy.Gen.Sec. AINVSA CEC

Supreme court Pension case listing

Dear friends  All our three Navodaya employee cases for Pension GOI 1972   have  been  linked with the case below: Status of : Special Leave Petition (Civil)    3106 -3107    OF   2012

T.M.SAMPATH & ORS.   .Vs.   SEC.MIN.OF WATER RESOURCES & ORS.

Pet. Adv. : MR. RAJESH MAHALE   Res. Adv. : MRS LALITA KAUSHIK

Subject Category : SERVICE MATTERS - RETIRAL BENEFITS

Listed 3 times earlier                                                               Next Date of listing is : 12/07/2013

 

AINVSA 's Letter to P.M

Ref.:.AINVSA/CEC/2013/ 0050                                                      Date:  22/04/2013

To

Sri.Manmohan Singh,

Honourable Prime Minister of India

Room No 148 B,

South Block,

New Delhi,110001.

Sub:- Implementation of   CCS Pension Scheme rule 1972 to the employees of

          Navodaya Vidyalaya Samiti –reg

Ref:  1 Cabinet note submitted  by Ministry of HRD during the first week of

            April 2013.

        2.Earlier representations submitted to the MHRD.

        3. Representation of JAC dated 10-08-2009 submitted to MHRD.

        4. Meeting held with Sri Kapil Sibalji on 10-08-2009.

        5. Meeting held with Finance Minister during February 2010.

Respected Sir,

We have been appealing to the Government implementation of GPF-cum-Pension Scheme for the employees of Navodaya Vidyalaya Samiti for nearly two decades. We have brought to the notice of your kind self the decimation committed to us in this respect. While 26 organizations under Govt. of India established after Navodaya Vidyalaya samiti came into existence introduced or switched over from CPF to GPF cum Pension Scheme NVS employees have been unreasonably ignored.

The staff of Navodaya Vidyalayas numbering around 18000 and their family members numbering around 70,000 are living in desperation and anxiety as their future life is secured by any economic means.

Sir, Government is obliged to provide social and economic security to retired persons. Pension is every retiree’s Fundamental right. State’s obligation to provide security in old age is recognized. The Senior Citizen needs to be treated with dignity, courtesy befitting their age especially after retiring from an institution like JNVs which strive hard for the educational needs of the talented children of rural India. When the staff of KVS, NIOS, Tibetan Schools, Sainik Schools etc enjoy CCS Pension Scheme it is bewildering to know why NVS staff are discriminated. Therefore implementation of NPS runs against the spirit of Article 14, 16 and 21 of Indian Constitution.

Sir, it is an undeniable fact that Pension is neither a bounty nor a matter of grace.  It is not an ex-gratia payment, but a payment for past service rendered. It is a social welfare measure rendering Socio-economic justice to those who in the hey days of their life, ceaselessly toiled for their employers on assurance that in their old age, they would not be left in lurch. Pension is therefore deferred wages. Pension is the statutory, inalienable and legally enforceable right and it had been earned by the sweat of my brow during several years of service to the nation’s downtrodden rural children.

The claim for CCS Pension Scheme for the employees of Navodaya Vidyalayas  earn great significance due to the fact that they are the only educational institutions with such special objectives like national integration through the policy of migration, advanced technology aided  education to rural children to eliminate urban rural disparity in opportunity for education, all-round development of children etc.

The justifications we enlist hereinafter irrefutably corroborate that there is reason to deny our demand for CCS Pension Scheme rule 1972:

1.      Navodaya Vidyalaya Samiti had introduced contributory pension scheme during 1991 without allowing the employees to opt for CCS Pension Scheme rule 1972.  CPF is applicable to persons appointed on contract for a specified period, re-employed employees after retirement and those serving in scientific and technical organization who enter service at a higher age and not for regular employees.

2.      Introduction of New Pension Scheme is against the Policy of Pension  as NPS cannot be introduced without substituting an existing Pension Scheme. As NVS does not have CCS pension introduction of NPS by substitution is against the established rules.

3.      The Union Cabinet in its meeting on 30.07.2008 had approved introduction of New Pension Scheme of Govt. of India to all regular NVS employees joining NVS after the date of notification. The meeting also approved the regular employees of NVS as on the date of notification of NPS to continue with the existing CPF scheme or to join NPS scheme Hence this decision is not binding on the part of those employees for whom CCS Pension Scheme rule 1972 is applicable.

4.      The parliamentary standing Committees 154,164,184 and 198 have strongly recommended the introduction  of CCS Pension Scheme rule 1972 to employees of NVS and recorded its surprise and vehemence in discriminating NVS staff while staff of KVS, NIOS, Central Tibetan Schools etc have been granted CCS Pension scheme rule 1972.

5.      Expert Committee constituted under the chairmanship of Shri.Y.N. Chaturvedi in June 2001 also recommended implementation of CCS Pension Scheme rule 1972 to NVS staff considering the national importance of the job the employees discharge.

6.      Vide letter no.C-33011/10/81-vig. Dated May 19^th 1981 from Sri .M R Koolhatkar Joint Secretary, Ministry of     Education & Culture had urged NVS along with  all heads of Autonomous Organisations under Ministry of   Education & Culture introduce provisions  of the CCS(Pension Scheme)Rules 1972 in line with the Central Vigilance Commissions observation in order to curb corruption and prosecute corrupt employees after retirement. The same was reminded several times with a request to introduce CCS pension Scheme rule 1972 in NVS by August 31^st 1995.

7.      Ministers of HRD strongly supported our cause of implementation CCS Pension Scheme rule 1972.

8.      In the meetings held on 21^st June and 15^th November 2000 under the Chairmanship of Secretary (SE & HE) regarding extension of Pensionary benefits to the staff of Navodaya Vidyalaya Samiti & new IIT and IIMS NVS has been directed to implement CCS Pension Scheme rule 1972  to its employees.

9.      Jawahar Navodaya Vidyalayas were established as per the National Policy on education 1986 which confirms the eligibility of retirement benefits like CCS pension Scheme rule 1972.

10. The Government of India has extended the pay structure and other service conditions to the employees of Navodaya Vidyalaya Samiti at par with other central Government employees. Navodaya Vidyalaya Samiti has also adopted mutantis-mutandis; Government India rules and regulation on service matters for its employees. All Pay Commission recommendations and govt. rules and regulations are relevant to NVS staff at par with other Central Govt. employees. Hence application of pension scheme rule (1972) too.

11. Since the Samiti has been provided 100% fund in form of grant-in-aid by the ministry of HRD the employees are eligible for pensionary benefits which are normally applicable to similar categories of employees in autonomous organizations of Government of India.

12. The IV Pay Commission had recommended one time switch over from CPF to Pension which was exercised by several autonomous organizations except NVS.

13. As recently as in 2009 CCS Pension scheme rule 1972 has been implemented to the employees of 5 Inter University Councils including NAAC.

14. Sir, the employees of Navodaya Vidyalaya Samiti have represented the matter of implementation of CCS pension scheme rule 1972 to the government several times during the past decades. It is matter of grave concern to the employees and their families numbering not less than one lakh which can hardly be left unnoticed. The staff of NVS especially teachers who spend their whole life time educating the poor talented children of remote rural villages of our country is not less an important task than soldiers guarding our boarders. Since the nation’s development largely depends on the devoted and selfless work of the teachers the government cannot hold back in ensuring their social and economic security and help them to live with decency and dignity respecting their valuable work during the service period.

Hence we request your kind self to implement CCS Pension Scheme rule 1972 to the employees of Navodaya Vidyalaya Samiti .

  Thanking you,

                                             Yours faithfully,

                                            

                                                T.P.MANI

                             (NATIONAL  PRESIDENT, AINVSA CEC)

                                                     &

                  YK SHARMA,        MK SINGH,     MK VISWAKARMA        

           ( NATIONAL  WORKING PRESIDENTS OF  AINVSA CEC)                  

           VK SINGH,             PK GUPTA,             SHAJI  DAVIS. T

(NATIONAL  GENERAL SECRETARIES OF  AINVSA CEC)

Copy to: All the Cabinets Ministers of Cabinet Committee on Accommodation.

                  All the Cabinets Ministers of Cabinet Committee on Economic Affairs.

                 All the Cabinets Ministers of Cabinet Committee on Parliamentary Affairs.

All the Cabinets Ministers of Cabinet Committee on Political Affairs.

          All the Cabinets Ministers of Cabinet Committee on Investment.