To
The
Finance Minister
Shastri
Bhavan
New
Delhi
Sub: To
reconsider the issue of granting CCS
Family Pension to NVS Employees,
though turned down by Supreme Court.
Hon’ble Sir,
The locus standi for granting CCS Family Pension cum gratuity Scheme
1972 to the the employees working in Navodaya
Vidyalaya Samiti (NVS) on or
before 01-01-2004 are as under:
Jawahar Navodaya Vidyalaya was conceptualized
in 1985 and two model schools were started, one each at Jajjhar in Haryana and
Amravati in Maharashtra. However, the Jawahar Navodaya Vidayala Samiti was
established under the Registration of Societies Act, 1860 on 28-02-1986.
Jawahar Navodaya Vidyalaya schools have been
established under the aegis of the Ministry of Human Resource Development,
Government of India. The employees of Jawahar Navodaya Vidyalaya Samiti
(“JNVS”) demand that they be brought
under the GPF-cum-Pension Scheme like their counterparts in other educational
institutions, like Kendriya Vidyalaya Sangathan (“KVS”), IITs, Sainik Schools,
NCERT etc. However, they have continued to be governed only by CPF Scheme and
are excluded from the Pension Scheme till 2004.
1.
RESOLUTION BY EXECUTIVE COMMITTEE OF NVS :
The Executive Committee of JNVS had adopted a
resolution which proposed the application of Central Government Service Rules
to its employees mutatis mutandis till the Samiti framed its own rules. But the
resolution has not been shown to have been approved by the Government or
District Inspector of Schools, contends Supreme Court Verdict.
However, the major hurdle in implementation
of Pension Scheme to the employees of JNVS has been the financial constraints
as the Finance Ministry never gave a go-ahead for such implementation.
2.
ACTUARY
CONFIRMS FINANCIAL FEASIBILITY BY NVS
EMPLOYEES’ OWN CONTRIBUTION & FUND :
To substantiate their claim, JNVS engaged an actuary to determine the
financial feasibility of implementing the Pension Scheme to JNVS employees and
it was found that if the employees contribution upto 31.03.2005 is transferred
to the Pension Fund by 31.03.2005 and annual contribution of @18% of salary on
monthly basis from 01.04.2006, the implementation of the scheme is financially
viable.
Joint Commissioner (Admn) thereafter vide
letter dt. 6-3-2006 apprised the Director UT (1) Ministry of Human Resource
Development Department of secondary and Higher education of this.
3.
NVS Employees objects the NEW PENSION SCHEME:
The Government of India introduced the New
Pension Scheme for the NVS employees effective from 1-4-2009. Those who were
appointed prior to 1-4-2009 were given an option to join the New Pension scheme
or continue with the existing CPF scheme of NVS .
The employees claim that New Pension Scheme
was also discriminatory as it is not at par with the Pension Scheme under 1972
Rules. The existing employees were put under Tier-II of the New Pension Scheme
and the employer's contribution was not available to them. Further, the New
Pension Scheme did not include any family pension, medical benefits and death
gratuity.
But those who have joined NVS before 1-1-2004
will never get new Pension Scheme.. They will have to accept only CPF Scheme.
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 1-1-04.
MISHRA FILED WRIT PETITION AGAINST NEW PENSION SCHEME:
JNV employees filed W.P(S) No.4946/2008
seeking the relief of issuance of direction to the respondents to implements
CCS Pension Scheme,1972 and also to quash the New Pension Scheme being
arbitrary and discriminatory before the Jharkhand High Court which had been
dismissed by order dt. 9-2-2012.
The
cut-off date 1-1-2004 for New Pension Scheme
is the domain of the
employer. S.C asserts that there is no
arbitrariness or discrimination in respect of New Pension Scheme.
4.
PRINCIPLE OF EQUAL PAY FOR EQUAL WORK:
Learned Additional Solicitor General on
behalf of UOI stated that it is an
administrative decision which is made keeping in mind various determining
factors and that it cannot be said all schools and educational institutions
constitute one class.
S.C avoided applying the principle of equal
pay for equal work. That there should be complete and wholesome identity
between the two groups and that the matter should be sent for examination by
an expert committee appointed by the Government instead of the Court itself
granting higher pay.
5.
4TH PAY COMMISSION
Recommendation:
The
IVth Pay Commission in para 9.8 recommended that “In so far as the CPF beneficiaries still in service on January1, 1986
are concerned, we recommend that they 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. The CPF beneficiaries who decide to continue to remain under
that scheme should not be eligible on retirement for ex-gratia payment
recommended by us for the CPF retirees.”
The Ministry of personnel, Public
Grievances and Pension vide memorandum dt.1-5-1987 accepted the recommendation
and allowed all the central Government employees, including central Autonomous
Bodies Pension w.e.f 1-1-86.
The employees of NVS contends that the Office Memorandum of the
Department Public Grievances and Pensions Department of Pensions and
Pensioners’ Welfare dated 01-05-1987 to the employees of JNVS just like it was
applied to the KVS
JNVS was not in existence at the time of
cut-off date 01-01-1986 applicable under
the O.M. dated 01.05.1987 The Navodaya Vidyalaya Samiti was established and
registered under the Societies Registration Act, 1860 only on 28-02-1986, so
its employees cannot be in service as on 01- 01-1986 nor CPF Benefacories.
Aforesaid OM is applicable to KV because the KVS was established in 1965.
Navodaya Vidyalaya Samiti was formed in 1986
but model schools already existed in
1985.The
appointment letters given to employees in 1986,
had given the option to join either the CPF Scheme or Pension
Scheme.(Testimonials are Appointment letters dt.9-1-86 and 14-2-86 )
6. Autonomous Bodies:
Rule
149 (4) (iv) of General Financial Rules of the government of India which
provides as follows:
”All Autonomous Bodies or granted
institutions which receive more than 50% of their 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 of employees in Central Government”.
Navodaya Vidyalaya Samiti is an autonomous
body 100% funded by the Central Government in line with Kendriya Vidayalayas,
Sainik Schools, Central Schools etc. , which are also cent percentage
autonomous bodies .
Its constitutional/fundamental right to
equality guaranteed by Articles 14 and 16 of the constitution of India,
applicable to financial implications as well
.
Supreme Court remarks JNV employees are not totally Central Govt
Employees
JNVS cannot claim as of a right to be
governed by the Central Civil Service (Pension) Rules, 1972 as they are not employees of the Central
Government. In A.K. Bindal (supra), this Court has held that employees of
Government companies are not Government servants.JNV employees are
employees of the autonomous body that is
Navodaya Vidyalaya Samiti which has all the control on the organization.
7.
Fundamental rights cannot be violated on the
grounds of financial constraints:
The only reason for not providing pension as
per 1972 Rules has been the financial implications which becomes apparent from
the letter of the Finance Ministry dated 05-02-1999 to the HRD Ministry that an
annuity scheme may be formulated with LIC by employees contribution alone
without any liability of the Government.
But S.C retorts
Right to Pension is not a Fundamental Right:
Many ingredients go into shaping of the wage
structure of any organization, including the economic capability of the employer.Right
to pension is not an inherent right of every employee but it flows from the
rules of the Government. If the employee is not entitled to the pension as per
the rules governing his/her service conditions, he/she cannot claim it. The
employees of NVS were not promised any pension at the time of their appointment
and no deductions were made during their service towards any pension fund. Hence
the employees have not been denied what
was rightfully theirs.
8 . Recently,the Hon’ble Apex court S.C even rejects Navodaya Employees’ Review Petition for CCS Family Pension, on 9April, 2015 :
The Supreme Court even rejected the Review
Petition of Navodaya Vidyalaya Employees
on 9 April 2015, which it had filed to get the right of CCS Family Pension for
all the employees who had joined on or before 1 January 2004
How come then OLD PENSION
SCHEME to NVS employees was favoured by HRD Ministry, Various Committees and
Commissions etc.?
In any
case, the demands of the employees of JNVS have been supported as well as
voiced by various Government functionaries including Ministry of Human Resource
and Development through its letter to the Finance Ministry in 1998 seeking
approval of the Finance Ministry to introduce the Pension Scheme to JNVs, Y.N. Chaturvedi Committee Report on
Review of Management Structure and Operating Mechanism of Navodaya Vidayala
Samiti, Parliamentary Committee on
Functioning of Navodaya Vidayala Samiti through its 154th, 184th and 198th
Reports. All these committees have strongly recommended that the employees
of JNVs be brought at par with the employees
of Kendriya Vidayalaya and be given similar service benefits, including
pension under 1972 Rules.
Review Committee set up by the Ministry of HRD under Chairmanship of Shri Y.N.
Chaturvedi to review the Management Structure and Operating Mechanism of JNVS, 154th report of the Department Related
Parliamentary Committee on functioning
of JNV which was laid before Lok Sabha on 02-03-2005, Cabinet Note prepared by the Ministry of HRD in March 2006 which
specifically pointed out the need to extend the Pension Scheme under 1972 Rules
to the employees of JNVS, 198th Report
of the Department Related Parliamentary Committee submitted on 17-08- 2007
which strongly recommended for implementing the Pension Scheme to the employees
of JNVS. Even the Ministry of Labour and Employment by its O.M. dated 07-09-2006 to
the Ministry of HRD, recommended extension of Pension Scheme to NVS.
Please reconsider the issue of
granting Old Pension Scheme CCS 1972 to the employees of Navodaya Vidyalayas on
the basis of the aforesaid averments and arguments thereto. Whereas the BJP
Government is considering the issues of granting Pension to Non government
organized sectors, the Autonomous body educational institution such as Navodaya
Vidyalayas under the HRD Ministry should not be deprived of, who deserve it
seeing their dedicated service to the Nation: upbringing the future generations
sacrificing their own social family life; in far off residential set up to polish
these rural talented students of the districts.
Thanking You
Yours faithfully
Member of Parliament
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