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Thursday, December 1, 2011

An Eye-opener from SHAJI DAVIS


Dear friend,

Though our case at Ranchi HC is going to be a milestone the following vital details are missing. So people are groping in darkness:
           1
In the Original Affidavit submitted by Sri.P N Misra "that this is an application for issuance of a writ or writs, direction or directions commanding the respondents and adopt and formulate the uniform and consistent pension rule for the entire teaching and Non-teaching staff as pension rules as has been adopted and made applicable to the other educational institutions of the central Government, Human Resource department....."
As such does everyone need to file an affidavit and vakalat?
           2.
Sl.No.02 of the Original Affidavit Annexure -I. Gazette Notification dated 31.07.2008 has been rejected as there is no such notification. It is only PIB report. Notification  for implementing NPS is dated 04.08.2009
The petitioner has not responded to this in his rejoinder
3.
The All India Sainik Schools Employees Association in a petition filed in this Court under Article 32 of the Constitution has asked for a writ of mandamus directing the respondents, primarily, to extend to the employees working in the Sainik Schools, all the service benefits and advantages in the same pattern as being obtained in Kendriya Vidalya Sangthan. The petitioner's contentions are that the Sainik School Society is `State' within the meaning of Article 12 and is accordingly amenable to claim the enforcement of fundamental rights, and further that the society has to be guided by what is provided in Part 4 of the Constitution by way of Directive Principles of State Policy
Our case is Sri.P N Misra v/s Union of India & others NOT
AINVSA v/s Union of India & others
4.
In the rejoinder submitted by NVS (through Sri.A K Shukla,DC-Sl.No.5 )that the Govt has approved the introduction of the NPS for all the employees of NVS
The petitioner has not challenged this
5.
In the rejoinder submitted by NVS (through Sri.A K Shukla, DC.Sl.No.7)that the govt has never given any assurance that it would be granting pensionary benefit to the employees of the Samiti under the CCS pension Rules 1972.
The petitioner has not challenged this by stating that as per CCS Pension Rules 1972 CPF is not meant for regular employees.
6.
In the rejoinder submitted by NVS (through Sri.A K Shukla, DC.Sl.No.8)it has been stated that there are many organisations in the country which do not have pension under the CCS Pension Rule.


The petitioner has  not challenged this by stating that 26 other organisations have either given one time switching over option or newly implemented GPF-cum pension scheme. Again the petitioner has failed to challenge by presenting the landmark judgement of the Supreme court. No list attached as annexure.
7
Counter Affidavit filed by NVS through Sri.Alok Verma.Preliminary submission Sl.No.1.Govt of India had approved the introduction of NPS of Govt.of India for all regular employees……
The petitioner has not challenged the matter stating that NPS cannot be implemented in any organisation which does not have GPF-cum-Pesion.Thus it violates pension rule.
8.
Introduction of GPF-cum -Pension
The petitioner is silent on DO letter no.3011/10/81 vide dated 17th July 1995.
9.
Parliamentary Standing Committee Reports
Sl.No04.Annexure 3 series The petitioner presented only the copy of 198 Parliamentary Standing Committee Report and has forgotten 154,168 and 184 Parliamentary Standing Committee reports.
10.
Chaturvedi Committee Report
No Annexure attached.
11.
One time Switch over
No mention in petitotioner’s submission
12.
Dr.Muralimanohar Joshi then HRD Minister strongly recommended
No submission No annexure
13.
Minutes of Meetings held in 2000 Chaired by Secretary(SE&HE) strongly recommended and directed NVS to submit justification for non introduction of GPF-cum-pension
No submission No annexure
14.
There are 103 representations submitted by AINVSA to govt and NVS etc(more are getting retrieved )
Sl.No 05. Annexure 4 series: The petitioner has annexured only 5 representations of AINVSA.
15.
More than 55 documents are there in support of a case
No other documents  annexured  by the Petitioner
16.
50 letters from Govt.Ministers,MPs regarding pension
Nothing is annexured by Petitioner
17
Documents of 5 other court cases and Sainik School case can support the fight for pension.
Nothing is annexured by Petitioner

 

Friday, November 25, 2011

Reg RANCHI COURT CASE by Rajan K M, correspondent, NPF

NAVODAYA PENSION FORUM (NPF)
(A COMMON FORUM OF REGISTERED EMPLOYEES ASSOCIATIONS UNDER NAVODAYA VIDYALAYA SAMITI, MINISTRY OF HUMAN RESOURCE DEVELOPMENT,DEPT.OF SCHOOL EDUCATION & LITERACY,GOVT.OF INDIA)

To 24/11/11
Mrs.P S Bara
Principal & Co-ordinator of Ranchi Court Case
JNV Ranchi,Jarkhand

Subject : W.P(s)No.4966 of 2008 - Shri.P N Mishra v/s The Union of India & Others


Respected Madam,

Thank you for sending the Vakalatnama, affidavit and the resolutions of the meeting held at JNV Ranchi.
It is encouraging to learn that the case has been taken up by Supreme Court Advocate Shri Manoharlal Sharma and has seemingly got a momentum at the fag end. However, the following apprehensions still remain in the minds of many:

1. The writ is a personal one( Shri.P N Mishra v/s The Union of India & Others) So will it be beneficial to others who file the vakalatnama ?

2. The one point that is contested in the whole case is the Gazette notification dated 31.07,2008, when there are 100s of contentious points with real razor edges to pin down NVS. However NVS claims that there is no notification dated 31.07.2008 regarding introduction of NPS. Petitioner is referring to PIB dated 31.07.2008. Govt. had never given assurance to grant CCS Pension Rule.( Respondent’s Reply of Ranchi RC). Hence other vital points which are in thefavour of NVSstaff may be projected

3. The legal validity of the case was discussed by NPF members with an eminent advocate & it is learnt that , the above Ranchi HC case covers only staff who are working in the state of Jharkhand & as such ‘Vakalatanama’ from Navodaya staff of other states may not be legally valid. This point mayplease be discussed in detail with your Advocate.


4. The winnability of the case is not gauged any where. Lack of proper arguments is indicative of this missing points. The arguments raised is sometimes not closely connected to this case such as Jt. Commissioner/ Deputy Commissioner not competent being employees/ Jt.Commissioner is not competent to make statement on behalf of Governement. ( Reply of Shri. P N Mishra R/02 22 June 2009) In addition the statement made by Joint commissioner/Deputy commissioner the statement MHRD Government of India may also be sought.

5. The list of organisations such as IGNOU Konkan railways NIOS Inter University Council and other 16 organisations who implemented CCS pension after establishment of NVS is not annexed. (Reply of P N Mishra R/03)

Hence it is my request to your good self to be very cautious in this regard. May propose the following vital steps:
1. Take driver’s seat and steer the course of case properly. Don’t allow the advocate to drive a long journey.

2. Get all remaining documents to buttress the case.

3. We hope we can help you out in this matter in the most effective way.

4. The legal signification of the case, even if it is infavour of Shri. P.N Misra is doubtful as other NVS Staff may still have to fight it out individually these incurring further expenditure. However NPF, the only forum which is authorised to take up the case on behalf of whole NVS staff still feels that this sincere attempt of shr. PN Misra needs to be extended with all moral support and a nominal financial support to that extent which is necessary.
NPF is seriously contemplating to file a strong case in the Supreme Court and is in the process of placing all relevant and necessary document which is in possession of AINVSA and other association since 1994. The winability of the case is very bright and NPF seeks unanimous support of all NVS staff cutting across the cadre and the union affiliations. A detailed letter this regard is shall be sent by NPF shortly.
It is also to note that the expenses required to fight the case has not been mentioned clearly. In the request to send Rs.1000 by each staff it is expected to fetch Rs.1.8core which is a huge sum of money to fight a high court case. The amount may be collected school wise at the rate of Rs.2000 which is reasonable and realistic.

Please let we know of your opinion as it is the case of 17312 staff and their dependents.

Kindly call back: 09497419144 (Rajan K M, correspondent, NPF )

I request all office bearers of Navodaya Pension Forum to get into a unanimous opinion and support the case and save our lives so that I can make official communication.

Pls. send your opinion. This will help us in our future course of action.

(Rajan K M, correspondent, NPF )

SHOULD I REMIT THE AMOUNT for COURT CASE

A MESSAGE circulated in Pune Region by SAJITH NAIR through email on 31 Oct,2011
Dear Friends and Comrades,
A very happy new year to all of you !! A good news to all of you, that once again all the registered associations of NVS have come under one roof to fight for our age old demand of PENSION GOI 1972. Kindly log on to www.ainvsa.blogspot.com to read the minutes of the meeting whereupon you will peruse that all these associations got united and are going to file a court case- a legal suit for this demand. Please write as comments underneath if you have a different opinion or simply contact Shri K.M Rajan or Shri. JK Singh, who are the correspondents for the this Navodaya Pension Forum presently. Write your views boldly if you have any reservations thereon, and get it cleared instead of backbitting or discouraging others thereof. Its heard that a few are collecting amounts in the name of Pension or Stepping up court cases in Gujarat. It is humbly advised once again to all these audacious persons not to get involved in legal trifles by iniatiating such ventures personally or in the name of AINVSA or any forum unless given the task by the office bearers as mentioned in the minutes. Please note that the persons authorised by this forum should only venture for the same, which would be communicated in future. If anyone is remitting any amount to anybody, are doing at their own risk and the so called leaders or person/s accepting such amounts would only be accountable individually for the accounts and tranparency thereof, answerable to the hearings and cross-examinations in the court case as such.
SUCCESS OFTEN COMES TO THOSE WHO DARE AND ACT - Jawaharlal Nehru
IF YOU THINK YOU CAN, YOU CAN....
Yours faithfully
Sd/-
(SAJITH.S.NAIR)
Gen.Sec AINVSA Gujarat Unit

A STRONG REACTION AND A PRAGMATIC SUGGESTION
Mr.Nayar,
I have been watching and also involved in this struggle right from the beginnig. I had already told the way this struggle is going on would yield to zero result.Any way, if some of you want to fight the case in the court and very much hopeful that we will win this case in the Suprme Court, please publish the very opinion of the lawyers you have consulted in writing on the web site under which rule we are entilted for pension. I would also like to suggest , if now you really talk of honesty and transparency, at least obtain minimum assurance from the lawyer that we would win this case. An what is the minimum persentage guarantee? How far the case is strong pointwise? What are the sections and constitutional remedies go in our favour? Is the lawyer really sympathetic to us? If yes, can he/she share our liability? Can he assure that he would charge 50% fee after he wins the case? Simply appealing for money will not do. People have lost all faith in the AINVISA. We have seen many histrionics and rhetorics of our so called leaders.I have seen people changing grounds for their favour and greed.Even then I wish you all success and respect your will to fight for our right.This is my first letter to you an may be the last if you try to write sentimental and emotional letter in reply. I want a legal and mathematical reply on the doubts which I have raised here. This is a letter from a man who knows how to call a spade a spade.
Yours sincerely an truely,
Prasad A K  

Forwarded by Mr Nair to NPF Office bearers and National Correspondents on 6 Nov,2011

Respected Sirs

There is a good suggestion from Sh. A.K Prasad, one of the veterans of Navodaya Vidyalaya and a good comrade in this struggle for Pension GOI. He has been showing good spirit and rationality in this suggestion forwarded herewith. Kindly answer this in a mathematical and logical way to him and oblige... which are in the minds of many, myself included. I have always withheld and restrained myself from collection of any financial help for this matter.. In this case too, kindly depute some honest and reliable person in Gujarat for collection of the fund for this purpose.,if you are accumulating it at State level or fix some strategy at the Vidyalaya level so that only that representative should collect the amount. Fix amount should be decided to be contibuted at the designation level., if this proposal is going to materialise. Prior to all this kindly clear all the doubts of the employees and comrades who have some reservations, or skeptical about the same. The assurity level and the fifty percentage fees disbursement only to the lawyer is appreciable suggestion. We should take suggestions and advice in good spirit, in a positive way. People are not going to contribute generously and magnanimously unless their doubts clarified... I have circulated the minutes in Gujarat and Pune Region. Kindly direct Sh.R.N Tonde, the deputed Gen.Sec of Pune Region to carry on further correspondence and commmunication in Pune Region, including Gujarat for this purpose.
Thanking you
Yours faithfully
Sd/-
(SAJITH.S.NAIR)

Monday, October 31, 2011

NPF-NAVODAYA PENSION FORUM

NPF-NAVODAYA PENSION FORUM
(A COMMON FORUM OF REGISTERED EMPLOYEES ASSOCIATIONS UNDER NAVODAYA VIDYALAYA SAMITI, MINISTRY OF HUMAN RESOURCE DEVELOPMENT,DEPT.OF SCHOOL EDUCATION & LITERACY,GOVT.OF INDIA)

MEMBERS: ALL INDIA NAVODAYA VIDYALAYA STAFF ASSOCIATION (AINVSA) NAVODAYA VIDYALAYA SAMITI EMPLOYEES WELFARE ASSOCIATION (NVSEWA) ALL INDIA JAWAHAR NAVODAYA VIDYALAYA PRINCIPAL FORUM (AIJNVPF) ALL INDIA NAVODAYA VIDYALAYA CATERING ASSISTANTS ASSOCIATION (AINVCAA)

Minutes of the meeting held on 16th October,2011 at Radhakrishna Mandir, New Delhi
Members Present
1. Sri.T P Mani,National president,AINVSA
2. Sri.A K Gaur,National Working President,AINVSA Sri.
3. J K Singh,national General Secretary,AINVSA
4. Sri.Raj Kumar, National General Secretary NVSEWA.
5. Sri.M S Yadav,General secretary,NVSEWA
6. Sri.Krishan Kumar,National Vice-President,AINVSA
7. Sri.R S Tomar,Organising Secretary,AINVSA,Haryana
8. Sri.Arjun Gite,Vice President
9. Sri.Sanjeet Kumar Singh,President, JNVCAMEWA
10. Sri.Bijay Kumar,National President , JNVCAMEWA
11. Smt.Sunita Bhatt.NVSEWA
12. Sri.Vijay Kumar Jha, AINVSA, CEC
13. Sri.Umesh Rao, National Joint Secretary
14. Sri.P C Jha, Regional Organising Secretary,AINVSA
15. Sri.Rajan K M, National Publication Secretary
16. Ms.mary K P,Joint Secretary AINVSA
17. Sri.R N Tonde,General Secretary,AINVSA,Pune Region
The meeting began with a silent prayer to pay homage to the Smt……… Wife of Sri. Alok Verma, Joint Commissioner (Admn), NVS, New Delhi who passed away recently.
The meeting was presided over by Sri.T P. Mani,National President, AINVSA. Sri J K Singh delivered the welcome address. He briefly explained the recent efforts under taken by the service associations in New Delhi to bring the issue of implementation of GOI Pension to the notice of high profile political leaders, Ministers and administers of Gov. of India and persuade them to initiate positive steps in the favour of NVS staff.
The following resolutions have been passed in the meeting :
Item-1 : It has been unanimously resolved to file a case in the Supreme Court for GOI Pension for NVS staff.
Item-2 : It has been unanimously resolved to form a common forum.The common forum will be known as “Navodaya Pension forum”.Only registered Associations will be considered as the members of the NPF.All India Navodaya Vidyalaya staff Association,Navodaya Vidyalaya Samiti employees welfare Association,Jawahar Navodaya Vidyalayalaya catering Assistants &Mess Staff Welfare Association,All India Jawahar Navodaya Vidyalaya Principal Forum shall be the members of NPF.
Item- 3: A Steering Committee comprising the following members has been constituted to look after the various aspects of general functioning of NPF:
1. Sri. A K GAUR, Working President,AINVSA,
2. Sri. J K SINGH, General Secretary,AINVSA
3. Sri. K M RAJAN, Publication Secretary,AINVSA
4. Sri. R N TONDE, Organising Secretary,AINVSA
5. Sri. S. KANNAN, Principal, JNV South Goa
6. Sri. RAKTHNAKARAN, Principal, JNV, TVM
7. Sri. PRABHAKARA REDDY, Principal, JNV Vizhakapattanam
8. Smt. ANURADHA, Principal,
9. Smt. SANTHY, Principal, JNV Wayanad, Kerala
10. Sri. NARAYANAN, Principal, JNV Calicut, Kerala
11. Sri. M S YADAD,General Secreatary, NVSEWA
12. Sri. SOORYA PRAKASH,GeneralSecretary,NVSEWA,Hyderabad Region
13. Smt. SUNITHA BHATT,Vice-President, NVSEWA,Chandigarh Region
14. Sri. K M SHARMA,General Secretary, NVEWA,Jaipur Region
15. Sri.BIJAY KUMAR, National President, JNVCAMEWA
16. Sri. PANKAJ KUMAR, Gen. Secretary, JNVCAMEWA
17. Sri SANJEETH KUMAR Singh, President,JNVCAMEWA, Jaipur Region
18. Sri. UMESH RAO,Joint Secretary,CEC,AINVSA,
19. Sri. R.S.TOMAR, Organising Secretary,AINVSA, Haryana
20. Sri. PC JHA, Organising Secretary, AINVSA, Bhopal Region



Item- 4: It has been unanimously accepted that the following senior members shall be the patrons of NPF :
Sri.V L Balasubramanian,President, AIJNVPF
Sri. M K Pawa, Asstt.Commissioner, NVS
Sri. Raj Kumar Radi,NVSEWA
Sri. Bhim Rao Sirsat,
Sri. T P Mani, National president,AINVSA
Item 5 : It has been unanimously resolved the fund will be raised by each association from its own members. The amount will be deposited separately in the account of the National Committee of each Association. The account will be maintained by every association and periodically brought to the notice of its members. The amount for expenditure towards Supreme court case for Pension shall be contributed by every Association. Such amount will be remitted to the Finance Secretary of NPF Finance Committee. The expenditures shall be approved by the Finance Committee. The expenditures will be audited by the finance Committee and Presented at periodic meetings of the General Body of all the Committees. The expenditure statement will be circulated to all staff members all over India by the Finance Secretary of NPF.
Item 6: It has been unanimously resolved to form a Finance committee consisting of the following members :
Sri. J K Singh, AINVSA
Sri. M S Yadav, NVSEWA
Sri. Sanjeeth Kumar Singh, JNVCAMEWA
Item 7 : A Legal Committee comprising the following members has been constituted :
Sri. Shiv Narain Sharma, NVSEWA
Sri, Anil Sharma, NVSEWA
Sri. Rajan K M, AINVSA
Sri. Vijay Kumar Jha, AINVSA
Sri. Pankaj Kumar, JNVCAMEWA
Sri. Bijay Kumar, JNVCAMEWA
Item 8 : it has been unanimously resolved that the expenditure on Supreme Court case will be accounted from the date of fixing the advocate, assigning the case and remittance of the necessary amounts.The expenditure of the members will be paid from such date and as per the instructions and rules laid by the Finance Committee after proper approval.
Item 9: It has been unanimously resolved to entrust Sri. Rajan K M, AINVSA and Sri. J K Singh, AINVSA the responsibility of the task of correspondence relating to the activities of NPF on national basis both in English and Hindi.
Item 10: It has been unanimously resolved that the members of the legal committee will propose the names of the advocates from which the advocate(s) will be selected after going through proper scrutiny of credentials and other parameters.
While concluding the meeting vote of thanks was proposed combinedly by Sri.Raj Kumar Radi, Gen Secretary NVSEWA.

KM RAJAN,
CORRESPONDER, NPF

Sunday, September 11, 2011

A Message from J.K.Singh ( Mani Group)

T. P. Mani J. K. Singh
National President, AINVSA National General Secretary, AINVSA
ETC PO, JNV, Kottarakkara, Kollam JNV, Garhbanaili, Purnea
Kerala – 691531 Bihar – 854325
Ph: 0474-2455034 Mob: 09447332341 Mob: 09431634620/09999367949
Email – tpmani1959@yahoo.co.in Email – ainvsajnvk@rediffmail.com

Ref: AINVSA/CEC/2011/101 Date: 03.09.2011

Dear Friends!

Delhi Police has not given us permission of AMARAN ANSHAN (proposed date was 5th September 2011, venue : Jantarst Mantar, New Delhi) for the legitimate demand of GOI Pension Scheme. So, CEC has decided in meeting on 21 August 2011 at Radhakrishna Mandir, Near Gurudwara, Amar Colony, Lajpat Nagar-IV, New Delhi-110024 to postpone AMARAN ANSHAN for time being.

CEC has also decided that a case will be filed in Supreme Court regarding GOI Pension Scheme very soon.

We the members of CEC and others J.K. Singh, G.S., A.K. Gaur, Working President, K.K., Vice President, Umesh Rao, Joint Secretary, P.C. Jha, Regional Organizing Secretary, Bhopal, S.C. Rajput, Vice President, SEC, Haryana, R.S. Tomar and Arjun Geete, JNV, Faridabad, Haryana, Deepak Rastogi, CA, JNV, Bhagalpur, Bihar met with memorandum and discussed the latest improvement regarding implementation of GOI Pension Scheme and 10% SPA to non-teaching staff members of NVS to many valuable persons Smt. Sushma Swaraj, Hon'ble Opposition Leader Lok Sabha, Shri Pradeep Kumar Singh, Hon'ble M.P. Araria, Bihar, Shri Sumit Bose, Secretary Expenditure and Shri Sidhartha Sharma, Director (Admin) Ministry of Finance, Govt. of India, Smt. Anshu Vaish, Hon'ble Secretary, Shri Apoorva Chandra, Joint Secretary (I/C Commissioner), NVS, Shri P.K. Mittal, Deputy Secretary, Shri Gulab Singh, Under Secretary, Ministry of HRD, Govt. of India, Shri Alok Varma, JC, NVS, Shri M.S. Khanna, JC, NVS, P.K. Sharma D.C. NVS etc.

It is good news that after great efforts Smt. Anshu Vaish, Secretary, HRD and Shri Apoorva Chandra, Joint Secretary, HRD accepted to re-open the file of our legitimate demand of GOI Pension Scheme and they assured very soon through HRD they will send to Ministry of Finance, Govt. of India.

Shri Sidhartha Sharma, Director (Admin), Ministry of Finance, told us if HRD will send the file of GOI Pension Scheme in favour of implementation then Ministry of Finance may consider. But Shri Sumit Bose, Secretary Expenditure told us it is difficult (in Hindi he told “Mushkil hai”) to implement GOI Pension Scheme for NVS employees. But we tried to convince him from each and every corner. We felt that although he listened our request very carefully, but his attitude regarding implementation of GOI Pension Scheme was not satisfactory.

So, now we the members of CEC and our other interested friends/officers feel that without any delay we must proceed toSupreme Court.

We visited on 27th Aug. 2011 JNV, Faridabad and on 28th Aug. 2011 JNV,Karnal, Haryana and conducted there a meeting regarding file suit in Supreme Court.

Employees of both JNVs supported our proposal for filing a case in the Supreme Court. We hope you too will support our proposal for filing suit in the Supreme Court regarding GOI Pension Scheme.

On 29th Aug. 2011 we met Sri R.K. Talwar, Senior Advocate, Supreme Court. Sri. R.K.Talwar had won Sainik School case regarding GOI Pension Scheme in 1988. Earlier we had meet Sri Romi Chaco and Sri Hari Salwe, Senior Advocate , Supreme Court. All they suggested us to file suit in the Supreme Court regarding GOI Pension scheme and told us that the decision will come in favour of NVS employees.

On 30th Aug. 2011 we met Smt. Purandeshwari, Hon’ble state Minister, HRD , Govt. of India with request to reopen the rejected file of GOI Pension Scheme and send to Ministry of Finance, Govt. of India . She accepted our humble request.

On 2nd Sep. 2011 by the mercy of Smt. Sushma Swaraj one BJP MP raised our legitimate justified demand of GOI Pension Scheme in LOKSABHA at 2.30pm.

Now we are again trying to get appointment to Hon’ble President, PM, FM, HRD Minister, Smt, Sonia Gandhi & Sri Rahul Gandhi very soon.


With Thanks.



T.P. Mani A.K. Gaur J.K. SINGH
National President National Working President National General Secretary
Mob. No.09467929233

Thursday, August 25, 2011

5th SEPT 2011 STRIKE POSTPONED- Convey to all promptly



Effect of Anna Hasare’s Strike, Delhi Police is not giving permission for AMARAN ANSHAN in New Delhi from 5th sept. 2011. Therefore, CEC of AINVSA has decided for time being AMARAN ANSHAN is postponed.

-TP MANI

NB: SEE THE NEXT WRITE UP FOR BOYCOTT ACTIVITIES TO BE CARRIED OUT INSTEAD

BOYCOTT ACTIVITIES BY AINVSA - AN ACTION PLAN by TP MANI

Ref.:.AINVSA/CEC/2011/72 Date: 24/08/2011

To
All the Members of CEC, REC,SEC and units of AINVSA
Dear Friends,
Effect of Anna Hasare’s Strike, Delhi Police is not giving permission for AMARAN ANSHAN in New Delhi from 5th sept. 2011. Therefore, CEC of AINVSA has decided for time being AMARAN ANSHAN is postponed. Our Boycott Strike will be continued. Those who are not yet started the Boycott, kindly start it with effect form 01/09/2011.

AINVSA has planned to organize the Strike activities

1.Boycott MOD from 1st August 2011.

2.From 15/08/11, every staff would boycott Holiday duties, second Saturdays and Sundays duties unless they are granted weekly off or special CL.

3.From 01/09/11, all the teachers should boycott the duties of Evening Study duties, and all other Special Duties like Early morning and after 9 pm supervising duties.

4.FROM 1/10/2011 all the staff of JNVs should Boycott Evening study Duties.

5.From 01/11/2011 all the staff members should Boycott Panel inspection.

6.From 15/11/2011 all staff members should Boycott Outside campus Duties.

7.From 01/12/2011 all staff members should Boycott JNVST duties.

8.From 15/12/2011 all staff members should Boycott Sports Meets and Exhibitions Duties.

9.From 01/01/2012 all staff members should Boycott all extra Duties.

10. From 01/02/2012 all staff members should Boycott Migration Duties.

11.From 31/03/2012 all staff members should Resign House Mastership/ House Mistress ship.

12.If the above activities are not creating any impact on NVS/ Govt. The NVS/Govt. of India is not extending any solution to sort out the demands and issues with the leaders of AINVSA, an indefinite Hunger Strike will be started at Delhi very soon.



Thanking you
Yours faithfully

COPY TO

The Commissioner, NVS,
A-28, Kailash Colony, New Delhi-
(Ref.:.AINVSA/CEC/2011/72 Date: 24/08/2011)





Representation PROFORMA for 15 demands from all Units

F.No. AINVSA-2011-12/8-1 Date: 06-08-2011.

To
The Hon`ble Commissioner
Navodaya Vidyalaya Samiti
A-28,Kailash Colony,
New Delhi-110048.
Sub: Submission of demands for consideration and initiating necessary action – Reg
Respected sir,
Despite our regular demands over the last few years it is sad to note that the Management has done very little to mitigate the problems of the staff. Hence, the All India Navodaya Vidyalaya Staff Association (AINVSA) would like to bring to its attention the following demands once again for positive consideration and immediate necessary action.
1. Govt. of India CCS Pension to all employees joined prior to 1.1.2004: we have brought to the notice of the Government of India the injustice done to the staff by denying them of the benefits the CCS pension. The Association has represented the matter to all important dignitaries in the present UPA government and it is time once again to vociferously voice our anguish at the injustice.
2. 10% Special Allowance to Non-Teaching staff: The Association decries the cold and discriminatory attitude of the government of India towards the non-teaching staff in Navodaya Vidyalyas who have played no less pivotal role in enhancing the reputation of the Samiti as a premier organization in the field of secondary education by their selfless and dedicated services. The work load borne by them is more than their counterparts in KVS and, hence, they deserve the 10% special allowance as much as the teaching staff.
3. Recognition of All India Navodaya Vidyalaya Staff Association: The Samiti should initiate the process to recognize AINVSA immediately and give due representation to the concerns of the staff in all matters of administration pertaining to them. It can only win the confidence and support of the staff only when it recognizes their collective voice which the AINVSA represents.
4. Defining working hours for all categories of employees: It does not need any evidence to prove that the staff of Navodaya Vidyalayas work for longer hours than the ones defined by Samiti itself. As a result of this, the staff is deprived of precious personal time and innumerable compensatory leaves and put to untold stress. A mechanism should be devised to extract qualitative work from the staff by giving them due space for personal life.
5. Appointment of Warden and Matron on permanent basis:
The Association demands appointment of warden and matron to assist the House master/House mother and cooperate with the administration in the successful running of the residential system. The NVS should waste no time in the appointment of regular wardens/matrons as promised by the Commissioner at the beginning of 2009-10 academic year.



6. Implementation of rational transfer policy: The Association expresses its dissatisfaction at the transfer policy followed by the Samiti which gives no scope for regular transfer of its employees and allows most to stay in one place for any number of years. A scientific rational transfer policy with the suggestions of stake holders may be devised and implemented.
7. 12 day casual leave to all staff working at vidyalaya level: Since the staff work on all days including holidays, it is unjust to implement 8 - day casual leave policy which is applicable to a non-residential system like KVS. The NVS authorities should do away with this un just 8- Day CL system and re implement the old 12 – day casual leave system though it hardly compensates the number of public holidays the staff have been foregoing .
8. Restoration of Earned Leave to teaching staff / Vacation staff in addition to Half Pay leave: The Association demands the restoration of Earned Leaves on full pay as the teachers are the only employees denied of earned leave by the Central Government. The Earned Leave facility was granted to the teachers working in Central Government during Smt Indira Gandhi’s time as a special case in lieu of 20 days half pay leave
9. MACPS to teaching staff: Consequent upon the recommendations and implementation of VI CPC, the non-teaching staff have become eligible for getting three financial up gradations under the MACPS at intervals of 10, 20 and 30 years of continuous regular service. The Association demands the implementation of the same to the teaching staff also as the monetary benefits of senior scales sanctioned on the completion of 12 years are very negligible.
10. Timely promotion to all staff: More than half the teaching staff has been deprived of their timely promotional opportunities because of the laid-back approach of the Samiti. As a result, the staff has become less enthusiastic about promotions and accepting challenges. The Samiti has failed to tap the potential of the staff at the right time which has surely blunted its weaponry.
11. Weekly off to all categories of staff: As the staff of Navodaya Vidyalayas work round the clock on all days of the week in view of residential nature of their job, they may be granted a regular weekly off on any convenient day subject to exigencies, so as to enable them to attend their domestic problems.
12. Honouring court judgements: We demand that the Samiti should implement the directives given by the CAT and other courts as regards service matters. It should honour the working hours and stop exploitation of staff. It should make suitable arrangements to run the residential system more effectively by appointing more staff. We also demand that the Samiti should draft a more scientific transfer policy along the lines of KVS and do justice to staff who have been working away from their native places for decades. The Samiti should also stick to its promotion policy and promote TGTs regularly which only can do justice to aspiring staff.
13. Stepping up of pay of Seniors with that of their juniors: The pay scales of Senior TGTs should be stepped up with juniors in line with the Kendriya Vidyalaya sangathan TGTs as they suffer monetary loss in the absence of recruitment in 2006 in all the regions of the NVS except Shillong.

14. Scrapping of MOD system: The MOD system has been devised to impose more workload on the teachers. The NVS, through its recent circular, has levied 17 hours of non-stop workload on teachers which has no such precedent anywhere in India. It is against all labour laws and violation of human rights. Besides, it totally disregards Sundays, public holidays, and clearly exposes how teachers are exploited in the NVS. Hence, the Association demands scrapping of MOD system immediately.
15. Enhancement of HM/AHM allowance: The teachers not happy with the enhancement of HM/AHM allowance to Rs.800/400 per month as the responsibilities thrust on them are very demanding. The hike is far less than what is demanded by the Association. Hence, the Association demands that the HM/AHM allowance should be raised to Rs.5000/4000.

The Association demands the Management once again to positively consider the above 15 demands and redress the grievances of staff as it would go a long way in boosting their morale and strengthening the organization.
Thanking you
Yours Sincerely
Sl.No Name of the Employee Designation Signature
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Copy submitted to:
1. Hon`ble Minister for Human Resource Development,Govt.of India,Shasrtri Bhawan,New Delhi-110001.
2. Hon’ble Secretary , Dept. of School Education and Literacy , Govt. of India , Shastri Bhavan,New Delhi-110001.

Representation proforma for MACPS to Teaching staff ( by Reddy)

ALL INDIA NAVODAYA VIDYALAYA STAFF ASSOCIATION (AINVSA)
_________________STATE EXECUTIVE COMMITTEE,JNV_________________
(Regd No: 492/94)
President : ______________________________
General Secretary: ______________________________
F.No. AINVSA-MACPS-20-11-12/8-1 Date: 06-08-2011.
To
The Hon`ble Commissioner
Navodaya Vidyalaya Samiti
A-28,Kailash Colony,
New Delhi-110048.
Respected Sir,
Sub: Application of Modified Assured Career Progression Scheme (MACPS) in place of Senior
Scales/Selection Scales to the teaching staff – Reg
This is to bring to your immediate attention and necessary action the long-standing demand
of the teachers for the adoption of Modified Assured Career Progression Scheme (MACPS)
for the teaching staff on a par with the non-teaching staff.
Prior to the implementation of the recommendations of the VI CPC the teachers were granted
Senior scales after the completion of 12 years of service while the non-teaching staff were
sanctioned the benefits of ACP. Even after completion of 12 years of service, the financial
benefits for the teaching staff were negligible as they were given just the stage benefit. The
non-teaching staff benefitted more as they were granted the next promotion scale as well
as one increment.
Following the implementation of the VI CPC, the NVS has recently adopted the MACPS to all
the non-teaching staff and, as a result, they have become eligible for getting three financial up
gradations at intervals of 10, 20 and 30 years of continuous regular service. Unfortunately, the
need to extend the same beneficial scheme for the teaching staff has not been considered. As
a result, the teaching staff is likely to suffer a heavy monetary loss.
The 12 years span for consideration of Senior Scales and the granting of just a stage benefit
clearly shows the discrimination against the teaching staff. The Selection Scales are granted to
only 20% of the teachers who have completed 24 years of service. 80% of staff who have
rendered such long service are deprived of the benefits .The Association strongly objects to
the continuation of same Career Advancement Scheme which has done little benefit to the
teachers in the past. It is high time such discriminatory treatment is rectified and the MACPS is
also extended to the teaching staff, extending an equally honorable treatment to them.
The teaching community is strongly against the continuation of the discriminatory and nonbeneficial
old Career Advancement Scheme and demands for the adoption of the MACPS on a
par with the non-teaching staff immediately.
The entire Teaching Community earnestly requests the NAVODAYA VIDYALAYA SAMITI to
adopt and implement the MACPS with immediate effect to boost the morale of the
teachers.
Thanking you
Yours Sincerely
President General Secretary

Some Clarifications by Mr.Rajan

Sir,
For every good thing there can be a subversive action by some vested interests.This is what happened to our pension issue too.That is what is happening still now,too.
We have made extensive discussions with eminient advovates.They proposed to us to file cases in any number of HCs.In order to avoid multiplicity of verdicts we can transfer the case to SC.
Of late some people have come to oppose this attempt. They are the people who with their political clout and lenience towards Delhi NVS administration had connived with them and made arrangements to call a meeting on 28th January 2010 and finally forced the leaders to withdraw the Indefinite Strike. Most surprising thing is that though Sri.V L Balasubramanian and Sri.RS Naik have been accused by them for having contrived to effect the debacle and treachery they were out of frame in this issue.Reasons: after the 23rd meeting they had left for their respective places.They had atteneded the 25th JAC Meeting held at Pune. By the time they reached Delhi the stage was stage for the withdrawal. It was done by intimidating the rast of the leaders. The most intriguing fact is why Sri.V L Balasubramanian and Sri.R S Nail conceal the truth. If they have commitment to the 17,312 people they should reveal the truth.
The court case in Jharkand HC is not strongly supported by arguments and documents. If the case doesn’t click this will have widespread repercussion on the case if it is taken to SC. But a case won at HC will give us a winning razor edge at SC.
Please see the details of the Jharkhand Case
In the court of Jharkhand at Ranchi
Civil Writ Jurisdiction
W.P(s)No.4966 of 2008
Shri.P N Mishra …………. Petitioner v/s The Union of India & Others ………………………… Respondents
Subject : Quashing Matter
Index
01. An application with affidavit
02. Annexure-1 A photocopy of the Gazzette notification dated 31.07,2000
03. Annexure-2 A Photocopy of the original Office Order No.F.N.6-1/92NVS(Admn.)Dated
30.03.1992
04. Annexure 3 Series
A photocopy of recommendations of the parliamentary standing committee of NVS,New Delhi together with report no.198 and copy of the recommendation of Commissioner dated 29.12.06
05. Annexure 4 Series
Photocopy of the office copy of representations dated
01.05.2008,17.06.2008,06.08.2008,21.08.2008
Arguments
01. To adopt and implement uniform pension rule as has been adopted and made applicable for
other educational institutions
02. NPS is ultravires to article 14,16 and 21 of constitution of India and derogatory to teaching
and non-teaching staff.
03. Application of article 22.6 of constitution of India
04. To quash order at annexure -1
05. Respondents action is arbitrary making discrimination with NVS/JNV teaching and non-
teaching staff.
06. NVS adopted CCS rule in the meeting held on 17.01.92
07. Chaturvedi committee recommendation to introduce CCS pension(1972)
08. Meeting held on 29.12.06 headed by commissioner NVS recommended pension benefits at
par with other educational institutions
09. Petitioner’s association requested all authorities.
There are hundreds of documents and arguments.Why such people avoid all this ? Do they want the case to fizzle out and people get cheated once again to consolidate their near relation with Delhi NVS administration ?
Let us think independely.
Let our thoughts be not controlled by others
Let not others put their words in our mouths.

Tailspin

A case was filed in Kerala CAT on 21st December,2001.
Another case was filed in Hyderabd CAT
Still another case was filed in Delhi CAT
Still one more case was filed in Hyderabad HC.
Who minds the truth ?
If you are really serious be honest and pay heed to honest words.Dont get deceived.

Yours sincerely,

Rajan K M

Tuesday, August 16, 2011

STRIKE NOTICE BY TPMANI

Ref.:.AINVSA/CEC/2011/62 Date: 01/08/2011

To
The Minister of HRD
Ministry for HRD, Govt. of India
Sastri Bhavan,
New Delhi

Sub: Submission of Strike Notice to Govt. of India & NVS – Indefinite Hunger Strike will be started at Delhi on 5th September (Teacher’s Day), Non co operation and Boycott Strike

Respected Sir,

As the new academic year commences you can be once again proud of our hard work and commitment for having produced the best academic result in the previous year and held the reputation of NVS very high.
But you will also accept that the health status of JNV staff who have been toiling hard over the years has deteriorated terribly. Many have left us forever in grief .Many have contracted illness causing huge financial burden to their families. Yet NVS authorities have not opened their eyes to us.
NVS has not shown any concern to our demands yet. In the case of implementation of CCS Pension scheme under rule 1972 and other Genuine demands. NVS has cheated 18,000 staff and their families. Today we have no other option but to resume our protest activities with renewed spirit, vigor and confidence. In the previous year AINVSA had made several attempts through Ministers and MPs to press our demands. But NVS continues to behave as our enemies. Their reluctance to implement staff welfare schemes is quite appalling.
In this connection, AINVSA made extensive discussions with Principals, Teachers and non-teaching staff all over India regarding beginning of protest activities during the academic year 2011-12.We have received highly positive and enthusiastic support from all.
As per the resolutions taken at the Central Executive Committee meeting of All India Navodaya Vidyalayas Staff Association, we would like to bring to your kind notice that the following grievances of the staff of NVS have not been resolved as yet in spite of our repeated requests. Hence we implore your good self to take up these grievances for early redressal in our favour.
Hence AINVSA will launch a Hunger Strike in New Delhi from September 5(Teacher’s Day). National Leaders of AINVSA will participate in the Strike. Let it be a great beginning with all your blessings and support.
It is our genuine expectation that NVS/Central Govt. call AINVSA leaders for a meaningful & just solution to the long pending demands, failing which NVS staff under the leadership of AINVSA would take up an indefinite Hunger Strike starting from 5th September 2011 at New Delhi. Before the Hunger Strike, NVS staff would also start a Non co operative movement the details of which are discussed in detail below.


Our Major demands

1. Implementation of CCS Pension Scheme rule 1972 for all NVS Employees: The entire staff community is greatly aggrieved at the fact that there has been no positive sign with regard to the implementation of GPF Pension Scheme rule 1972 for those who joined before 1.1.2004.

2. Sanction of 10% Special Allowance to non-teaching staff: 10% special allowance, which is now given only to the Teaching staff may be given to all the employees of the NVS.

3. Recognition of AINVSA: To declare the recognition of AINVSA, though we have submitted near 8000 nos. of membership within the stipulated time before NVS. Take disciplinary action against the officials those who worked against giving the recognition of AINVSA.

4. Scrap Master On Duty system: The purpose of MOD has become redundant as there are two administrators, Principal and Vice Principal in each Vidyalaya to look after the functioning of the School. For all other administrative management, various committees such as M&R Committee, CCA Committee, Purchase Committee, Mess Committee, etc. are constituted with teaching staff as its members and that the system functions smoothly and effectively. Therefore, it is requested that MOD duty system may henceforth be scrapped.

5. Enhancement of House Master/Associate House Master’s Allowance: As we have requested earlier kindly take necessary steps to enhance HM/AHM Allowances as Rs.5000/- and Rs.2500/- respectively.

6. Appointment of permanent Wardens and Matron: Since the teaching staff is already overburdened with academic and co-curricular activities, kindly take necessary steps towards appointment of four permanent wardens for boys’ hostels and make the post of two matrons permanent.

7. NVS doesn’t have any power to freeze the CCL up to 30/9/11: It is strongly felt that NVS is neglecting the rules and regulations of Govt. of India. For example- NVS has frozen the rules of the CCL and NVS Hyderabad Region has issued directions to the Principals not to sanction CCL up to 30th September 2011. It is brought your kind attention that NVS doesn’t have any power to freeze the Order of the Govt. of India. Necessary action may be initiated against those officials whose directions are an over reach to the GOI orders.

8. Follow the CBSE Norms: Implementation of CCE in NVS is very unrealistic & still evaluate children based on marks. Sprit of CCE is to be understood & to be implemented strictly as per CBSE guidelines. Follow the CBSE Norms for the implementation of CCE and extend training to all the teachers to implement CCE. It may be noted that, many schools have earmarked afternoon and evening supervised study for CCE activity. This has greatly stressed the teachers as well as students. Burdening children with a lot of written work in the name of CCE assessment is to be looked into seriously. It is better that the NVS authorities who implement CCE in the Vidyalayas do it after a thorough understanding of the same.

9. Higher salary: Navodaya Vidyalaya employees are forced to work more than 18 hours per day. So implement higher pay scale not less than double salary to Navodaya Vidyalaya staff.

10. Transparent transfer policy: To Develop & implement proper, transparent transfer policy to all the categories of employees of NVS yearly. Transfer must be on the basis of seniority. It is strongly felt that there is no need for a North east transfer policy. If only NVS make all initial appointments only for north east and other hard difficult stations, the need to transfer staff at a later stage when their family commitments are huge and the staff’s health state is not sound would reduce to a large extent. However, AINVSA supports 3 year tenure to North east and hard & difficult stations to all its staff once in their service. Moreover all such staff who are posted to North east and hard & difficult stations must be transferred to their choice place with all transfer benefits. It is also felt that all staff should get a chance to work for a tenure of at least three years at their home district once in their service.

11. Publish the rank & Promotion: To declare and publish the rank list of different promotion tests conducted by NVS for different posts. Appointment on promotion basis from the rank list should be made transparent. The publication of rank lists will ward off the doubts among the minds of the candidates.75% of all the posts should be filled by appointing departmental candidates. Direct recruitment may be restricted to 25% wherever possible.

12. Senior grade & selection grade: Take steps to grant senior grade & selection grade to the different categories of employees immediately after the completion of service as per the rule of Govt. of India. Also fix 8 years of service for senior grade and 16 years of service for selection grade respectively. No staff should be denied of their legitimate due of Grade for non completion of 21 days training.

13. Reintroduction of EL: As per the Govt. orders half pay leave has been reintroduced for the teaching staff of NVS. It should be in addition of E.L. and not replacement. So E.L may again be reintroduced along with H.P.L.

14. ACP/Senior Scale: Even after completion of 12 Years regular service before the implementation of 6th Pay Commission and 10 Year service after implementation of 6th Pay Commission several employees have not been given ACP/Senior scale. Further those who received senior scale have not received their arrears as yet. It is also brought to your kind notice that teachers who get the senior scale do not get financial benefit as in the case of ACP Scheme. Hence similar benefits may be allowed to teaching staff also so that they too get the notional increment.

15. Rectification of pay anomalies: Pay anomalies of staff remain unresolved. Since anomalies are considered subject wise within the region it is our request that such restrictions may be avoided so that the pay scales of all PGTs/TGTs may be considered for comparison for the purpose of rectification.

16. Building of Head quarter: Take steps to construct Building of Head quarter in the 4 Acre acquired land in Noida. Avoid corruption in connection with the rents for the present building. It may be viewed seriously against those officials who are responsible for construction work as to why permanent building for NVS, H.O has not been constructed all these years and necessary action may be initiated at the earliest in this regard.

17. Centralized purchase. The system of centralized purchasing of Computers, Uniform Clothes, Library Books, bags etc. should be stopped. The things purchased through this system are not of good quality. To stop the corruption, stop the practice of centralized purchasing.

18. Enhance Mess Fund: It is everybody’s knowledge that the prices of all food materials are very high. Even the allotted funds are not sufficient to meet the food requirements of the students. So the present system of meeting the salary of casual workers from the fund of children should be stopped. NVS has to sanction fund to give salary to the temporary workers in the mess. The fund allotted to the children should be enhanced to Rs. 2500 per month.

19. Wages, PF and Medical Allowance to mess workers temporary casual Labors: The mess workers and other temporary casual workers doing full time work may be provided with the service benefits recognized by different state governments such as Minimum Wages, PF and Medical Allowance .Take immediate steps for the direct recruitment of permanent workers in the Mess & Garden.
20. Higher Post (PGTs) & Optional Course: Higher study option may be given to subjects like Regional Language Art, Music Work experience and PET; Optional courses may be started at least in one Vidyalaya in each state.

21. Navodaya Homes: Open Navodaya Homes in each state and protect the poor Navodaya retired employees in such homes.

22. Discussion with service organizations: The introduction of academic reforms and any important policy matters should be made transparent. For that in the beginning of every academic year hold consultations with the representatives of service organizations. The employees have not been given any opportunity to be apart of such important matters though they are the staff who know the ground reality and also will ultimately work hard to implement the same at the grass root level. Hence implementation of unilateral reforms which are introduced without proper discussions is not in the interest of the welfare of students and staff of NVS.

23. Overtime Allowance: To implement overtime Allowance to the employees those who are engaged more than 8 Hrs Duty for Non teaching staff and those teachers who work beyond the stipulated time schedule as given by NVS (07.15 AM to 01.40 PM). Take corrective steps against the Principals those who are imposing unnecessary duties to the teachers.
24. Stop Extra Classes: Stopping early Morning & after 9 PM extra classes with immediate effect .

25. Garden Workers: Two workers may be appointed to take care of Vidyalaya garden and vegetable garden. Sanction an amount not less than Rs. 5,00’000 every year in each Vidyalaya for gardening and agriculture.

26. Court cases against staff: NVS may disclose the total amount which it spends every year for court cases against staff. The NVS officials who are responsible for unnecessary cases may be penalized. It may also be noted that the regular practice of all Govt organizations to accept the verdicts of the lower courts and not moving the higher courts for further appeal in individual cases may be followed .The public money shouldn’t be wasted in the furtherance of all such cases in higher courts, in a revengeful attitude towards the staff who file such cases.
27. Anomalies: To settle the different Anomalies existing in different categories (Principal, Vice principal PGTs, TGTs …etc, and avoid the subject wise categories) of employees with immediate effect.
28. Class IV employees should be promoted to the vacant posts of LDCs and Storekeepers.


29. Amendment in Promotion Policy from TGTs to PGTs: It has been found that some anomalies are existing in promotion policy. The TGTs are being promoted to PGTs subject to fulfillment of requisite qualification. It is very strange that TGT (SS) are not being promoted to the post of PGT (Economics) even though they are qualified Master Degree holders in Economics. It would be justifiable to allow them for the post of PGT Economics. It is notable that in sister organization like KVS the TGT’s (SS) is being given promotion to the post of PGT Economics if they have master degree in Economics. Moreover a good number of posts of PGTs are vacant but the promotion process is very slow. We would like to request to accelerate the promotion process in all subjects.

30. Principal post: For the selection of principal post in JNVs, restrict 8 years experience as PGTs of JNVs
31. No age bar: For direct recruitment for various posts in NVS, consider no age bar to the employees of the NVS like KVS
32. Teaching allowance: Sanction teaching allowance to Principal and all teaching staff.

33. Children education allowance: On the basis of the norms of Govt. of India, grand the children education allowance to the employees of NVS. The parents, whose children are studying in Navodaya should get the stipulated allowance as sanctioned by Govt of India.

34. Sanctions of Post of TGT Computer Science : Presently FCSAs are appointed on contract basis who also carry out teaching of lower class students Vidyalayas are facing several inconveniences. Appointment of TGT computer science would solve such problems.

35. Promotion of Group D Staff to Group C. As yet group D Staff have not been promoted in group C despite that several of them have required qualification. NVS has designed training for Group D employees and upgrade their ability for promoting them as Group C employees. Many of them have already taken the required training. But still no step has been taken to promote them. Hence we request you to take necessary steps and promote Group D employees as Group C employees.

36. Compensation for working on Sundays, IInd Saturdays and other National holidays: As the JNV staff is compelled to work on Sundays IInd Saturdays and National holidays owing to the special residential nature of the Vidyalayas it would be more appropriate to grant compensatory off for the same. Hence we request your kind self to take positive step in granting compensatory Special casual Leave or weekly off for those who work on Sundays and other holidays.

37. License Fee for non-teaching staff: Since non-teaching staff are also contributing to the proper functioning of the residential system of the Vidyalayas. License fee to be paid by them in respect of their quarters may kindly be avoided.

38. Appointment of three Lab attendants: Though it was informed by the Ex Commissioner of NVS that appointment of three Lab attendants for the three labs would be done, no action has been taken in this regard. Hence a favourable action must be taken in this regard at the earliest.
39. Stop contract post: Takes steps for direct and permanent appointment in the place of vacant and contract posts.
40. Uniform time Schedule: To Form Common and uniform time table and to implement the same to all the Vidyalayas.
41. MP Hall & Play Ground: Construct Multi Purpose Hall (MP Hall) and Play ground in all the Vidyalayas.
42. Welfare schemes: To implement welfare Societies and different welfare schemes of Govt. of India


43. Job offer on compassionate grounds: Extend an opportunity to one of the members of the families of those NVS staff who die while on service a job on compassionate ground, suiting their qualification.

44. Special Duty Allowance: Extend SDA to all those staff who work in North East and all hard & difficult stations.
45. Increase CL: Existing number of CL should be increased 8 to 12.

46. Provide full furnished quarters: Provide full furnished quarters for NVS staff.
47. Generator: Generator connection for staff quarters also.

48. Benevolent fund: An amount equal to one day salary of all staff may be collected and may be safely kept at the Vidyalaya level. Later, a defined contribution may be sent to that staff who is in such necessity with an intimation to NVS.

49. Transportation of deceased body of NVS staff: All steps may be taken to transport the body of those deceased staff from their work place to their native at NVS expenditure.

50. Increasing the retirement age of NVS Teachers up to 65 years :
Like Colleges, Medical Colleges and University Teachers, the age of retirement of NVS Teachers should be extended from 60 to 65 years.

Sir, the above grievances of the staff have been represented by AINVSA several times for your kind favourable action. However reddressal of these grievances is still awaited. This has damaged the morale of the staff all over India. Since high degree of commitment and morale are inevitable to keep a system like ours to continue to attain better momentum and progress, timely reddressal of staff problems is essential. Therefore on behalf of the entire staff community of the nation we implore your kind self to take appropriate measures to expedite the reddressal of the above grievances at the earliest.

If NVS/ Govt. of India is not considering the implementation of CCS Pension Scheme rule 1972 and the above said genuine demands, AINVSA, is going to start NON CO OPERATION MOVEMENTS (BOYCOTT STRIKE) from 01/08/11.

NVS/Govt. is not extending any solution to sort out the issues with the leadership of AINVSA, an indefinite Hunger Strike will be started at Delhi on 5th September 2011(Teacher’s Day).

NVS/ Govt. of India should not compel us to indulge strike activities and we request that NVS/ Govt. of India should come forward to solve the grievance with immediate effect


Thanking you
Yours faithfully





AINVSA has planned to organize the
Strike activities


1. Boycott MOD from 1st August 2011

2. From 15/08/11, every staff would boycott Holiday duties, second Saturdays and Sundays duties unless they are granted weekly off or special CL.
3. From 01/09/11, all the teachers should boycott the duties of Evening Study duties, and all other Special Duties like Early morning and After 9 pm supervising duties.

4. If the above activities are not creating any impact on NVS/ Govt. The NVS/Govt. of India is not extending any solution to sort out the demands and issues with the leaders of AINVSA, an indefinite Hunger Strike will be started at Delhi on 5th September 2011.







Copy to: The Prime Minister of India.
The Finance Minister, Govt. of India.
The MPs, Govt. of India
The Commissioner, NVS New Delhi
All the ROs of NVS.
The Principals of All JNVs &
The All the CEC, REC, SEC and Units of AINVSA

Wednesday, August 3, 2011

INDIVIDUAL REPRESENTATION for STEPPING UP --- a proforma

Nair Sajith Sukumaran Total: 04 Pages
T.G.T English
Jawahar Navodaya Vidyalaya
Borkhadi, Bajipura
Vyara, Tapi
Gujarat, Pin:394690
1 August, 2011


The Commissioner
Navodaya Vidyalaya Samiti (Hqrs)
New Delhi

Through proper channel: (i) The Principal, JNV Tapi, Gujarat
(ii) The Deputy Commissioner, NVS, R.O Pune

Sub: Representation for inappropriate re-fixation of pay- reg

Ref: (i) NVS HQrs’ letter no. F.No.20-1/2008-NVS(Admn.), dated 26th March, 2009.
(ii) NVS RO Pune letter No. Ref No.5-VI PAY/NVS(PR)2009,dated: 25/8/2009
(iii) NVS Hqrs letter No. 7-32/2011-NVS(Pers.)/334, Dt. 26-05-2011
(iv)NVS RO Pune’s office Order F. No. 7-Step up/NVS(PR)/2011, Dt.06-07-2011

Hon’ble Sir,
I regret to inform your honour that I am displeased and grieved with my inappropriate fixation of pay in Jan 2006 , as it is not done as per the 6th pay Commission directions. Furthermore, I am of the view that the step up done by NVS RO Pune vide Office order, cited above in Ref (iv), is not at all satisfactory and not in compliance with CCS(RP) Rules,2008

I have joined NVS on 19-01-2001 in the capacity of TGT English in the pay scale Rs5500-175-9000. My existing basic pay as on 1.1.2006 is Rs 6200, which has been fixed by the samiti as Rs 11540 (exclusive of grade pay) in the year 2006 .I have constraint that the Pay in the pay band afer including benefit of bunching in the pre-revised scale of Rs 5500-9000 should be Rs.13310 and not Rs 11540.

I would like to humbly draw your kind attention to the fact that the grade pay of teachers have had been upgraded from 4200 to 4600 for TGTs; upgraded to 4800 for PGTs etc. Subsequently, teaching fraternity’s pay scale had been upgraded by the 6th Pay Commission. It hails in the category “ where a post has been upgraded” as per CCS(RP) Rules,2008 . Therein Column4 and Column6 of the table in Section II of PartB named “Revised Pay Scales for Certain Categories of Staff “ clearly shows these upgradations.

Since the upgradation of teaching staff, Principal etc was recommended later on by the 6th Pay Commission, it has not been included in the list of 40 fitment tables. NVS should prepare separate Fitment tables for these posts with the provision of bunching done in the manner seen in tables 5 to 8 for upgradation of GroupD. An appropriate fitment table made by DELTA (“Delta Educationists for Legal and Teaching Assistance”) organisation
is enclosed herewith as Annexure for your perusal and consideration. We pray and shewth that the basic pay of the TGTs in NVS should be fixed in accordance with this table. KVS have already implemented the table made by DELTA (www.delta.org.in)for PRTs (Annexure enclosed).

I must implore further that bunching has not been done by NVS for the seniors. Let me quote Note2A depicted below sub-rule1 of Rule 7 of CCS(RP)Rules,2008,as under:

Note2A: Where a post has been upgraded as a result of the recommendations of the Sixth CPC as indicated in Part B or Part C of the First Schedule to these Rules, the fixation of pay in the applicable pay band will be done in the manner prescribed in accordance with Clause(A)(i) and (ii) of Rule 7 by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding the resultant figure to the next multiple of ten. The grade pay corresponding to the upgraded scale as indicated in Column6 of Part B or C will be payable in addition. Illustration 4A in this regard is in the Explanatory Memorandum to these Rules.

BUNCHING:
Clause A(ii) of sub-rule 1 of Rule 7 of CCS(RP) Rules,2008 that…. “Where, in fixation of pay, the pay of Government servants drawing pay at two or more consecutive stages in an existing scale gets bunched, that is to say, gets fixed in the revised pay structure at the same stage in the pay band, then for every two stages so bunched, benefit of one increment shall be given so as to avoid bunching of more than two stages in the revised running pay bands. For this purpose, the increment will be calculated on the pay in the pay band. Grade pay would not be taken into account for the purpose of granting increments to alleviate bunching

Albeit clause A(i) has been implemented by NVS, it has sidelined Clause A(ii).The latter clearly defines what’s bunching and how to do it. Illustration 4A should be referred for further clarification.

• For instance Rs 5500 and Rs 5675 basic should be bunched and the Revised pay in Pay Band-2 would be Rs12540 for both the scales. Rs5850 and Rs6025 basic would be bunched together and the Revised pay in Pay Band-2 would be Rs12920 for both these scales. Rs 6200 and Rs 6375 bunched to Rs 13310 as the Revised pay in Pay Band-2 and so on…[NB:3% of 12540=376 rounded off to 380. Rs.12540+380=Rs.12920 etc ]
• Now Grade pay of Rs 4600 should be added to this. For the 1st case, it would be Rs12540+ Rs4600= Rs17140 . For second case Rs12920+Rs4600 = Rs17520 etc.
NB: Kindly refer the fitment table enclosed herewith to comprehend these calculations.

Note2A, mentions, inter alias, that for posts upgraded by recommendations of 6thCPC, it should be done as explained in Illustration4A

How Illustration 4A could be applied in my case?
I have joined NVS on 19-01-2001 in the capacity of TGT English in the pay scale Rs5500-175-9000. My existing basic pay as on 1.1.2006 is Rs 6200.( as per Sr. No4 of Illustration 4A). Now,as per Sr No5 of Illustration 4A , my pay after multiplication by a factor of 1.86 would be Rs 11532(Rounded off to Rs 11540). That is my pay in the Pay Band PB-2 would be Rs11540.(Sr.No6 of Illustration 4A).But vide Sr No 7 of Illustration 4A, above, Pay in the pay band afer including benefit of bunching in the pre-revised scale of Rs 5500-9000 should be Rs.13310 and not Rs 11540

Calculation:

Here, we know that, vide SectionII of Part A of the First Schedule of CCS(RP)Rules,2008 the Entry Scale for the direct recruits those having grade pay Rs 4600 is fixed as Rs 12540. Hence Rs 5500 and Rs 5675 would be bunched in the Pay Rs12540 in the new Pay Band. Rs 5850 and Rs6025 would be bunched to Rs12920 as Pay in the Pay Band( 3%of Rs.12540=Rs376 rounded off to Rs380. Rs12540+Rs380=Rs12920).Similarly Rs6200 and Rs6375 would be bunched to Rs.13310. (3%of Rs.12920=Rs388 rounded off to Rs390. Rs12920+Rs390=Rs13310

As per Sr.No 8 of Illustration 4A, the grade pay attached to the scale of Rs5500-9000 is Rs4600. Thereupon, the revised basic pay - total of pay in the pay band and grade pay would be Rs.17910( Rs13310+Rs4600=Rs17910) as on 1.1.2006(.(Sr.No9 of Illustration 4A).But NVS has fixed it to Rs16140( Rs11540+Rs4600=Rs16140)

Thus, a separate fitment table should be made in this manner vide Sr No.7 of Illustration 4A and ClauseA(ii) of sub-rule1 of Rule 7 of CCS(RP)Rules,2008.

It is humbly requested that my basic pay should be fixed as Rs.17910(Rs.13310+Rs4600 = Rs.17910.) as on 1.1.2006. Increment should be released in July 2006, amounting to Rs18450 as on 1.7.2006 . It is proposed that if an employee has completed six months service during a particular year, he should be entitled to get his increment on Ist July.


Notwithstanding this act of bunching, even if my basic pay is compared to any junior TGT English joined NVS in 2006, then there is a difference of Rs 1000 in the basic pay fixation., explained as under:

I was a drawing a basic of 6200 (old Basic) as on 01 Jan 2006 at JNV Kodinar. As per the revised pay band ,I was given a basic pay of Rs.11540/- with a grade pay of Rs. 4600/- accumulating to Rs.16140/-. Whereas Mr. Prakash Kumar Dash a junior employee of TGT English cadre posted at JNV Kokrajhar, Assam of NVS, RO Shillong was drawing, as per revised pay band, a basic pay of Rs.12540 with a grade pay of Rs. 4600 accumulating to Rs. 17140 in the year 2006. So there is a difference of Rs.1000 in the pay fixation itself. Consequent upon my continuing service, more than 6 months during July 2006, increment should be released in the same year -- though not done in case of this aforesaid direct recruit employee.


As there was no direct recruitment in the year 2006 in Pune Region or in any other region except Shillong Region, the case of junior TGTs /direct recruits of Shillong region in the year 2006 should be taken into consideration, for stepping up of seniors on case-to-case bases ; in case bunching not admissible by NVS. These new recruits are actually drawing more than seniors. Staff in some regions should not be not be getting less than other region, for no fault of theirs---- in accordance with the principles of natural justice.

I would be highly obliged for a prompt re-consideration by the NVS Hqrs officials in this connection.

Thanking you

Yours faithfully
Sd/-
(SAJITH.S.NAIR) CounterSigned by: (i) The Principal, JNV Tapi



Encls: (1) An appropriate fitment table for NVS TGTs (corresponding to the basic drawn
in the year 2006 in the pre-revised scale)

(2)KVS Circular for Bunching in PRTs in all Kendriya Vidyalayas & Fitment table showing bunching method in accordance with www.delta.org.in

SCRAP M.O.D Duty --- a request to the Commissioner by AINVSA

LETTER BY MANI

AINVSA/CEC/2011-12/20 Dated 15nd July,,2011
To
The Commissioner
Navodaya Vidyalaya Samiti
A-28,Kailash Colony, New Delhi-110048
Sub : Functions of Master On Duty-reg.
Sir,
In response to the letter F.No2-18/2011-NVS(SA.) dated 11th July, 2011 circulated by NVS HQ in its official website relating to role and functions of Master on Duty (M.O.D) in JNVs with the intention to enforce accountability on teachers we would like to bring the following facts to your kind attention:
The MOD duty was introduced in Navodaya Vidyalayas during the period when Vice-Principal posts were not constituted and also when most of the Navodaya Vidyalayas were functioning in temporary buildings with limited infrastructure. The practice has been continued since then even when regular Vice-Principal is posted in all Vidyalayas and almost all Navodaya Vidyalayas are functioning in permanent buildings with sufficient infrastructure.
The purpose of MOD has become redundant as there are two administrators, Principal and Vice Principal in each Vidyalaya to look after the functioning of the School. For all other administrative management, various committees such as M&R Committee, CCA Committee, Purchase Committee, Mess Committee, etc. are constituted with teaching staff as its members and that the system functions smoothily and effectively.
Hence the monitoring of the day to day activities of the Vidyalaya is a sole and whole responsibility of Principal and Vice Principal only and as such there is no need to impose their basic duties and responsibilities upon teachers who are otherwise burdened heavily with other academic and House related work. There is no justification what so ever to delegate the basic duties and responsibilities of Principal and Vice Principal to the Teachers. Also it has been a practice of Navodaya Vidyalaya Samiti to punish MOD of the day, if any untoward incident happens in the school. It has been used only as a tool to victimise a teacher in such cases over the years.
Hence it is requested that MOD duty system may henceforth be scrapped with immediate effect. AINVSA looks forward to a speedy action in this regard, failing which the teachers may be compelled to boycott MOD Duty from 1st August, 2011.
Thanking You

Yours Faithfully

TP MANI
President, AINVSA, CEC
Copy to all ROs & All JNVs






LETTER BY REDDY





F.No.AINVSACEC-2011-12/7-11 Date 11-07-2011
To
The Hon`ble Commissioner
Navodaya Vidyalaya Samiti
New Delhi

Sub: functions of Master on Duty – request to scrap MOD-reg

We are happy to note that Samiti is trying to streamline certain things which have not received their due attention in the last two decades – the drafting of rules for allotment of residential quarters being one of them. The latest is the circulation of the MOD duties and reports to bring ‘uniformity’ in the schools. In this the Samiti has rationalised the exploitation of teachers from morning 5.30 a.m. to evening 10.30p.m. nonstop! But at the end of the end day what matters most to it is report submitted by the MOD.
As usual Samiti thinks for staff and acts for them. It decides how much of extra work is to be extracted from them unilaterally as it is sure of the uncomplaining compliance and unreserved obedience of the staff. The teachers are dumb cows and their role is only to receive orders and silently implement them. An ‘elite management’ never does anything wrong.
The MOD was introduced over a decade ago. The purpose behind it was to assist the Principal and monitor certain sensitive areas for the effective running of the vidyalaya. In the absence of clear guidelines the defining of duties was left to the discretion of the Principals. In one school a single teacher was forced to perform MOD duties from Sunday to Saturday and in another school the teacher on MOD duty was to sumbit a 16 page report at the end of his duty. These are just only two examples of excesses committed by some over enthusiastic principals in the name of running the vidyalayas effectively. In all schools the teachers perform the MOD duties in addition to their regular teaching duties and other duties like HMs/AHMs, Class Teachers or incharges of various committees. In schools where Principals are least sympathetic to the personal life and freedom of teachers, the sincere performing of the MOD duties leaves the teachers dog-tired at the end of the day. As records matter the most to the administrators, in most schools the role of the MOD is relegated to submitting a report.
The Association is unable to comprehend the rationale behind engaging a teacher 17 hours non-stop. Even lady teachers are not exempted. Now teachers must skip classes to discharge the MOD duties as laid out in the circular. Whether the management wants the MOD to perform his teaching duties in addition to the MOD duties is not clear from the circular. As every teacher is likely to get the MOD work twice in a month, their academic work is likely to suffer. Besides, does Samiti expect a teacher who did 17 hours of work the previous day to perform his regular duties effectively on the following day? Does the Samiti expect the lady teachers also to be up and present on the grounds at 5.30 in the morning and go to bed only after 10.30 at night after taking the roll call of all houses? Are the teachers inexhaustible machines?

All the duties of the MOD are supervisory in nature. They oversee/monitor the work of all other staff – there is hardly any new job for them to do. The PT teachers, in fact, take attendance at the beginning of their morning and evening sessions. The morning assembly is conducted in the presence of teachers, vice-principal and principal. The breakfast and other meal time are supervised by the HMs/AHMs. The remedial classes/supervisory classes are conducted by the concerned teachers. The night roll call is taken by the HMs. The duty of the MOD is to oversee all these and ‘report’. The 6-page report hardly reflects the spirit behind the introduction of the MOD system. By reducing the teacher’s role to gathering the list of present and absent teachers and students at various places and various times house-wise/gender-wise, it has made the ‘true purpose’ behind the imposition of this duty on teachers very clear – i.e. to physically check the presence and absence of teachers and students on campus. By and large the MOD steps into the shoes of a non-existent assistant to the vice-principal and the principal. Thanks to the exemplary obedience of the Navodya staff and their clever handling by the management the coffers of the central government will remain safe.
The Samiti seems to put aside the primary functions of teachers as ‘running’ the vidyalyas has become its primary concern. The CCE introduced by the CBSE demands a lot of teachers’ attention to their work as most of them are not well-equipped to deal with the challenges and not trained enough. Against the middleclass background of teachers and a very ordinary training imparted to them before they join the profession, the holistic development of child has become a challenge now. The elite management shows its disregard for the CCE by still setting benchmarks for teachers and ordering them to meet the targets fixed, ignoring the difficulties of teachers who work in educationally backward areas. Comparisons are made and teachers are served memos for their ‘inability’. The need of the hour is to revamp the system, prepare the teachers to cope up with the challenges posed by the CCE, encourage honesty and show the world that learning is fun at Navodaya Vidyalayas and young Navodayans are a pride of the nation. Is the Samiti gearing itself to providing proper guidance and extending a helping hand to the schools in this direction? What is it that worries it the most?
Do we need one more supervisor over the staff who spend half their time on the campus only supervising? Doesn’t it shows the absence of trust and the failure of the system to nurture a culture where staff of all cadres perform the duties expected of them sincerely? Does this kind of supervision for record’s sake ensure efficiency and effective functioning of the school? Does this not provide a chance to a few insensible principals to overexploit the staff?
The staff of NVS have had enough. The Association requests the Samiti not to take the silent compliance of teachers for granted any more. It opposes any attempt to overburden the teachers further. Hence, it demands the dispensing of MOD system forthwith as the soundness of a structure does not depend on the growing number of supervisors.
Thanking you
Yours sincerely
Jagdish Rai L.B.Reddy