URGENT MESSAGE to All AINVSA Units in Gujarat State

To


All AINVSA Units in Gujarat

Please find herewith the Membership form of AINVSA (T.P.MANI) . Fill it and send it by email to sajith_nair12@rediffmail.com,

c.c. to tpmani1959@yahoo.co.in, and babumanojkumar42@yahoo.co.in


For sending hard copy and further instructions, open www.ainvsa.blogspot.com .

THINK BEFORE YOU ACT ....or you may fall in a trap ... .dont hasten in sending it anywhere.


For further details AINVSA (T.P.Mani) C.E.C letter follows by mail....


Always open http://ainvsa.blogspot.com for AINVSA (T.PMANI) CEC Instructions and backup of circulars.

-

SAJITH.S.NAIR

Gen.Sec, AINVSA Gujarat Unit

Pension Representation PROFORMA

JOINT ACTION COMMITTEE OF STAFF ASSOCIATIONS(JAC)

Under Navodaya Vidyalaya Samiti

(All India Navodaya Vidyalaya Staff Association,All India Jawahar Navodaya Vidyalaya Principal’s forum, Navodaya Vidyalaya samiti Employees Welfare Association, All India Navodaya Vidyalaya Catering Assistants Association).

Jawahar Navodaya Vidyalaya,… Dist….. State.Pin …….

Ref.:.JAC/JNV/2012-13                                                                           Date:  …/…./2013

To

Sri/Smt………………………..

Hon’ble Member of Parliament

………………………….. Constituency

………………………. State

Sub:- Implementation of   GPF Cum Pension Scheme to the employees of

          Navodaya Vidyalaya Samiti joined prior to 01/01/2004 ,request -reg

Respected Sir,

We have been appealing to the Government of India for nearly two decades regarding the implementation of GOI Pension Scheme for the employees of Navodaya Vidyalaya Samiti  who  joined the service  before 1.1.2004. While 28 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 till date. Hence we cannot help divulging the truth that the eligible staff of Navodaya Vidyalaya Samiti  numbering around 17000 and their family members are living in utter  desperation, uncertainty and anxiety as their future life is not secured by any economic means.

In the recent negotiation meeting held between the Govt of India representative and the representatives of JAC of staff association a positive gesture has been shown by the government. However at this crucial juncture as a people’s representative your support in this respect would make the task easier and facilitate a favourable governmental action.

Navodaya Vidyalaya staff are contributing to the education of the poor talented rural children of our country by devoting their entire service period within the walls of the school campus by working for 18 hours a day  while being on duty practically round the clock. On account of the unique co-educational-residential nature of the institution we are bound to be on duty on Sundays and holidays,too.Thus we  forced to sacrifice the social and familial contacts. It is a pity that after rendering such a valuable service to the nation’s development through daily rigours we will be  left high and dry on retirement.

We are given to understand that  Government is obliged to provide social and economic security to retired persons. Pension is every retiree’s  Fundamental right.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 GOI Pension it is bewildering to know why NVS staff are discriminated despite strong recommendations of high powered parliamentary standing committees and several other factors.

it is an undeniable fact that  Pension is not 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 GPF cum Pension 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 providing opportunity for education, all-round development of children,pace setting centres of excellence etc.

The justifications we enlist hereinafter irrefutably corroborate that there is no reason to deny our demand for GPF cum Pension

1.    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. This decision of the Executive Committee had been notified to all concerned vide No. F.6/1/92-NVS(Admn.) dated 30.03.1992 and accordingly NVS is following all Govt. of India Rules with regard to service conditions of its employees.

2.    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 rules(1972) too.

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

4.    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.

5.    The parliamentary standing Committees 154,184 and 198 have strongly recommended the introduction  of GOI Pension to employees of NVS and recorded its surprise and vehemence in discriminating NVS staff while staff of similar organisations with less credentials as INVs like  KVS,NIOS,Central Tibetan Schools etc have been granted GOI Pension scheme.

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

7.    It is to be emphasized that Navodaya Vidyalaya Samiti has been  achieving excellent scholastic and non-scholastic achievements which is unparallel in the annals of the Indian education systems,More over JNVs act as pace setting institutions for the uplift of rural schools of every district.

8.    IIT Kharagpur andIIT Bombay gave an option to all its employees to change over from CPF/CPG to GPC cum Pension cum Gratuity Scheme.NIT Kurukshetra has also been given GOI pension very recently,prior to which 5 departments of Inter University Councils including NAAC and Punjab University have also been given GOI pension scheme.Similar option can be given to NVS on account of the unque nature of these institutions.

9.    Vide letter no.C-33011/10/81-vig. Dated May 19,1981 from Sri .M R Kolhatkar Joint Secretary, Ministry of     Education & Culture had urged NVS alongwith  all heads of Autonomous Organisations under Ministry of   Education & Culture introduce provisions  of the CCS(Pension)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 by CVO,MHRD with a request to introduce GOI pension in NVS by August 31,1995.

10.  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 GOI Pension to its employees.

11.  The National Policy on education 1986  which engendered the establishment of Jawahar Navodaya Vidyalayas for educational progress of rural poor and promotion of three languale policy assures the eligibility of retirement benefits like GOI pension Scheme .

12.  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 organisations of Government of India

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

14.             It is important to mention that as per DO letter No 11-35 dated 12.05.2010 addressed to Joint Secretary(SE&L)Ministry of HRD NVS had appointed an actuary to calculate the pension liability of employees who have joined NVS before 1.1.2004.As per the report NVS already has an accumulated fund of Rs. 249.89 crores from employer’s share  which can be utilized for providing GPF cum Pension Scheme by the addition of fund as per the scenarios worked out by the actuary(ie, government provides for funding of Rs.105 cr  for the next 15 years, Rs.80 cr.for 27 years and Rs.40Cr.on 28^th year or the govt will meet the pension liabilities after 13 years.)

Sir, the employees of Navodaya Vidyalaya Samiti have represented the matter of implementation of GPF cum pension scheme 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 highlight our issue in the parliament taking into confidence fellow parliamentarians to whom similar representations have been submitted by NVS staff all over India and save our lives by persuading the Government to implement GPF cum Pension scheme to the employees of Navodaya Vidyalaya Samiti who have joined service before 01.01.2004.We shall be ever indebted to your great service to us who devote our lives to empower poor rural children.

                  

                                      Thanking you,

                                                                                                         Yours faithfully,

               

RECOGNITION & J.C.M

Ref. No- AINVSA/ 2013/0030                                                  Date- 16/02/2013

To

The Commissioner

NVS, B-15, Institutions Area,

Sector- 62, Noida, UP

Sub:  Request for inclusion of Service Association Members in J.C.M and
          Committees- reg

Hon’ble  Sir,

                  In pursuance of the Meeting held by Addl.  Secretary (S.E) MHRD with Commissioner, NVS and JAC Members, on 9 & 11 Feb, 2013, the All India Navodaya Vidyalaya Association A.I.N.V.S.A (C.E.C) implores and humbly draws your kind attention to the following points:

1.     A.I.N.V.S.A is a biggest registered association, under Society Registration Act, Registration No: K 492/94. Kindly, favor us by granting Recognition at the earliest and apprising us of the necessary documentation thereof.

2.     The Service Associations   hopes the Committee to be formed for defining working hours, as envisaged by the Minutes of the aforesaid Meeting, has members of the Service Associations and not any Principal or teacher selected arbitrarily. The members of this Committee should be selected with consultation of AINVSA (TPMani), NVSEWA, AINVC&MWA & AIJNVPF especially for the selection of the 08 teachers and 04 Principals therein.

3.        In 2006 and 2007 AINVSA submitted near about 8000 duly filled in Membership Forms  to the NVS Headquarter. The verification process was also completed from almost all  JNVs, but it is regretted and sad to say  that AINVSA has not been granted Recognition so far, even  after a passage of almost 5-6 years after the Verification process.

4.       The directions of the Addl. Secretary (S.E) MHRD be followed in true letter and spirit, of evolving a mechanism to address the Representatives demands in a timely manner. In this connection, it is suggested  and  requested to arrange all the modalities of  the formation of J.C.M ( Joint Consultative Machinery) at the earliest, after granting Recognition to AINVSA to this effect, in line with the mechanisms  in other Central govt. and Autonomous departments,   as makers of  ‘policy making decisions’.

This mechanism (J.C.M) would expedite in resolving the service matters problems amicably and subsequently enhance the academic output of Navodaya Vidyalaya Samiti, as an educational institution. Wherein the teaching fraternity would work in a congenial and healthy atmosphere, thinking only of the students results; building up a family atmosphere in the Vidyalaya.  For this act of kindness we shall forever be obliged…

Hoping for a favorable response and necessary action in this regard.

Thanking you

                                                                 Yours Faithfully

                                                                                 

                                                                                     T.P. Mani,

                                                                      National President,AINVSA,

                                           JNV Kottarakkara, ETC PO. Kollam, Kerala-691531.

                                          Phone: 09447332341 ,04742455034

AINVSA Appeals all JNVs to persuade MPs for cabinet approval of PENSION (GOI 1972)

AINVSA/13-14/Pension/278 Dated 22th February,2013

To

The Principal & Staff
All JNVs
All CEC Members,AINVSA
All Members of AINVSA

Sir/Madam,
While thanking you all for the unflinching and whole-hearted participation of all staff all over India in the indefinite strike staged from 6th to 15th February 2013 we would like to remind you that our work is only half done until now as far as the major issue is concerned. Implementation of GOI pension involves highly technical problems.Though the Supreme Court case gives us a ray of hope we need to prepare the ground for a favourable diaposal of case for our benefit.It is generally accepted that the cabinet has to be persuaded to form a lenient opinion in this issue as the matter involves fiscal liabilities on the part of the government for a very long time in the future.

Hence it is my earnest request to you all that the attached representation may be submitted to your MP convincing him of the entire matter in order to make the issue felt in the cabinet and in their turn convince the Union cabinet to facilitate the passing of cabinet approval in our favour.

Thanking you,

Yours faithfully,
(T P Mani)
National President,AINVSA

L.B.REDDY & TEAM QUESTIONS MISHRA & JNV RANCHI UNIT

F .No: AINVSACEC-/2012-13/Feb Date: 24 - 02 – 2013
MOST URGENT
To
All Teaching and Non-teaching Staff of JNVs, ROs and Head quarters.
Dear friends,

In connection with the letter dated 21-02-13 with the caption MOST URGENT NOTICE - SLP (Civil) No. 19102/2012 – Supreme Court of India sent by ‘AINVSA (Ranchi Jharkhand), we would like Shri Mishra and the Ranchi vidyalaya to answer the following questions as we believe the pension case which is pending in the Hon’ble Supreme Court should not be allowed to exploit the self-respect of the staff.

1. Shri Mishra sought the authorization of Shri L.B.Reddy, General Secretay, while he was running the case in the Hon’ble Ranchi High Court. But at the eleventh hour Shri Mishra and the Ranchi school unit of AINVSA created a panic by asking the staff to send an affidavit and a vakalatnama, and collected huge amounts of money for court fee and lawyer charges. They must now explain if they informed the Central Executive Committee of AINVSA and got its approval before proceeding with your collections. If they obtained any such permission, they should kindly make it public without delay. Or their school decided to collect money on its own; it must explain under what conditions it was resorted to do so. Was it not aware of the simple fact that the school unit cannot venture to collect such huge sums?

2. Did Shri Mishra and the Ranchi apprise the CEC then of the necessity to file the affidavit and the vakalatnama? If so, they may kindly make public their efforts to inform the CEC and their result.

3. After losing the case in the Hon’ble Ranchi court, does Mr Mishra or the Ranchi vidyalaya make any efforts to apprise the Central Executive Committee of AINVSA of the outcome the case and the possible reasons for an unfavourable verdict from the Hon’ble Ranchi High Court? If they sent any letters to the CEC in this regard, they are requested to make them public immediately. If the communication is oral, who did they communicate and what was the feedback?

4. After losing the case, did they make any effort to file the case on behalf of the Association instead of Shri P.N.Mishra? Before filing the case, did Shri Mishra or the Ranchi school inform the Association of their intention to file a case in the name of Shri Mishra in the Hon’ble Supreme Court? If they tried, what was the result?

5. The affidavits and the vakalatnamas failed to impress the Hon’ble Ranchi Court. Is there any guarantee that the same will not happen now? If Shri P.N.Mishra has filed the case as the Executive Member of AINVSA and not as an individual, won’t that suffice for the Hon’ble Supreme Court to treat him as a representative of thousands of other staff? If he has filed the case as an individual, doesn’t that mean the Ranchi school unit is grossly misusing the collective contributions for an individual? Doesn’t that tantamount to cheating? If Shri Mishra has filed the case in the capacity of the Executive Member of AINVSA, under whose instructions has your school started this fresh attempt to collect the affidavits and the vakalatnamas? If the Hon’ble Supreme Court lawyer, Shri Harish Salve, has asked you to do so, do you have any of his communiqué to support your efforts? Kindly make it public.

6. If the staff decides now not to file any affidavits and the vakalatnamas, will it weaken the case? If the staff respond positively, will it strengthen the case? If some staff respond and some do not, what will be the fate of the latter? Do Mr Mishra and the Ranchi vidylaya think that the case of their case will be strengthened by exhibiting the physical strength of staff with their affidavits and the vakalatnamas before the Hon’ble Supreme Court and not on the merits of their case?

7. Before filing the case or while filing it, did Shri Mishra and the Ranchi vidyalaya make any efforts to apprise the innumerable stakeholders of their Ranchi case of their fresh efforts to move to the Hon’ble Supreme Court? If you sent any letters or emails, kindly make them public.

8. While filing the case why did Shri Mishra or the Ranchi vidyalaya not make any efforts to avoid the huge filing of the affidavits and the vakalatnamas at some phase of the case in future as it would be expensive and time-consume, besides being difficult to procure each employees’ submissions? If they had faced any problems then, kindly enumerate them now for the benefit of all the stake holders.
Associate Presidents:


9. Now the Ranchi school has registered a
‘new’ AINVSA (Regd. No 153/00082/2012-
13). When exactly was the registration made? When the Ranchi school has already had an account in SBI, Dipatoli, Bariyatu, Ranchi with the name ‘All India Navodaya Vidyalaya Staff Association, Ranchi’ (SB A/c No.30608998878), what made them to register a new AINVSA (Ranchi Jharkhand)? Was this done only to show to the Hon’ble Supreme Court that Shri Mishra had the authorization of AINVSA? Are Shri Mishra and the Ranchi Vidyalya unaware of the fact that Shri L.B.Reddy has already filed a case on behalf of AINVSA? Isn’t this an effort to misappropriate the bank deposit as they please?

10. Why has Shri Mishra and the Ranchi vidylaya not informed the registration of a ‘new’ AINVSA to the vidylayas so far? Was an invitation extended to the vidyalays across the country to come over to Ranchi or any other school/place to form a ‘new’ executive body? If so, how many vidylayas responded to their call? The email dated 21-02-13 shows Shri S.K.Jaiswal as the President and Shri Brentius Kisku as the General Secretary along with the names of a few other staff of the JNV, Ranchi as the Secretary, treasurer and Executive Members. How were these people conferred on these responsibilities and by whom? Who are the other CEC members of their ‘new’ AINVSA? Who nominated them to their present posts? Who was the officer that oversaw the election of these people to their present posts? Were the proceedings recorded? Was the formation of the body circulated to all the JNVs? If so, they are requested to make their correspondence public. If not, kindly explain the reasons for not doing so.

11. Could Shri Mishra and the Ranchi vidyalaya explain why the employees must also send them membership forms along with the affidavits and the vakalatnamas? Isn’t this just like asking the stakeholders to sign on a blank paper? Isn’t it a brazen effort to ratify the ‘new’ union and its ‘new body’ and the old and new bank balances? Two birds at one stroke? Or are they going to submit them to the Hon’ble Supreme Court along with the affidavits and the vakalatnamas? Or are they going to pressurize the NVS Management for granting of long-sought recognition to the Association? Why doesn’t their email give any reason for asking the staff to send their membership forms?

12. Finally, when all the teaching and non-teaching staff of the JNVs across the country were agitating for achieving their genuine demands and striking indefinitely to safeguard their honour, why was the Ranchi vidyalaya not on strike even for a single day? What moral right does Mr Mishra and the Ranchi vidyalaya have to start a membership campaign when none of them joined the struggle even for a single day?
The AINVSA appeals to all the teaching and nonteaching staff not to respond to the calls/ emails/ letters of JNV, Ranchi. The email dated 21-02-13 is entirely deceitful. The signatories have made no efforts to explain why they are seeking a fresh set of affidavits and the vakalatnamas. The registration of a new ‘AINVSA’ at Ranchi is only a brazen attempt to exploit the staff. Its anti-staff stand is clear from its non-participation in the recent Indefinite Strike.

Shri L.B.Reddy has already filed a case on behalf of the Association in the Hon’ble Supreme Court (Case No 556/2012) The AINVSA once again informs you that Shri Mishra’s case is strictly individual. But, he has already collected huge sums of money and still leaving no stone unturned to collect more money. Though the Ranchi school has enough money to help the three petitioners, it is still ordering the staff to send them more money for court fee and other expenses. Unfortunately, the Association that has been striving for years for the welfare of the staff for years is facing a financial crunch. At the same time it is being forced to spare its precious time to counteract the forces that are trying to exploit the anxieties of the staff.
We appeal to you to discuss the contents of this letter with your colleagues and help the Association that stands by you and stand by the Association that fights for your genuine demands.

With kind regards
JAGDISH RAI L.B.REDDY

Central Govt Employees strike on 20 Feb 2013

Central Trade Unions on Strike-  CHARTER OF DEMANDS

The following are the charter of demands issues by the Confederation of Central Government Employees (C.C.G.E)for Strike on 20th and 21st February 2013 

Part – I 

1. Take concrete measures to contain Price rise.
2. Take concrete measures for linkage of employement protection with the concession / incentive package offered to the entrepreneurs.
3. Ensure strict enforcement of all basic labour laws without any exception or exemption and stringent punitive measures for violation of labour laws.
4. Universal social security cover for the unorganised sector workers without any restriction and creation of a National Social Security Fund with adequate resources in line with the recommendation of NCEUS and Parliamentary Standing Committee on Labour.
5. Stoppage of disinvestment in Central and State PSUs.
6. No Contractorisation of work permanent/perennial nature and payment of wages and benefits to the contract workers at the same rate as available to the regular workers of the industry / establishment.
7. Amendment of Minimum Wages Act to ensure universal coverage irrespective of the schedules and fixation of statutory minimum wage at not less than Rs.10,000/-.
8. Remove all ceilings on payment and eligibility of Bonus, Provident Fund; Increase the quantum of gratuity.
9. Assured statutory Pension for all.
10. Ensure Compulsory registration of trade unions within a period of 45 days and immediate ratification of the ILO Conventions Nos.87 and 98.
    
    Part – II
11. Revise the wages of the Central Government employees including Gramin Dak Sewaks with effect from 1.1.2011 and every five years thereafter by setting up the 7th CPC.
12. Merge DA with Pay for all purposes with effect from 1.1.2011 including for Gramin Dak Sweaks.
13. Remove restriction imposed on compassionate appointments and the discrimination on such appointments between the Railway workers and other Central Government Employees.
14. [a] Departmentalise all Gramin Dak Sweaks and grant them all benefits of regular employees; End Bonus discrimination and enhance bonus ceiling to 3500/-; Withdraw open market recruitment in Postman / MTS cadre; Revise cash handling norms; Grant full protection of TRCA; Grant Time Bound Promotion and Medical Reimbursement facility etc.
    
    [b] Regularise the daily rated, contingent, casual workers and introduce a permanent scheme for periodical regularization. Pending regularization, provide them with pro-rata salary at 6th CPC rates.
15. (a) Revive the functioning of the JCM. Convene the meeting of the Departmental Councils in all Ministries/Departments. Settle the anomalies raised in the National Anomaly Committee as also in the Departmental Anomaly Committees. Hold National Council meetings as specified in the JCM constitution.
    
    (b) Remove the anomalies in the MACP Scheme.(c) Grant recognition to all Associations/Federations, which have complied with the formalities and conditions stipulated in the CCS(RSA) Rules.
16. Fill up all vacant posts and creates posts n functional requirements.
17. Stop downsizing outsourcing, contractorization, corporatization and privatization of Government functions.
18. Stop Price rise; Strengthen the PDS.
19. (a) Stop the proposal to introduce the productivity linked wage system;
    (b) discard the performance related pay structure;
    (c) introduce PLB in all Departments;
    (d) remove the ceiling on emoluments for bonus computation.
20. Revise the OTA, Night duty allowance and clothing rates.
21. Implement all arbitration awards.
22. Make the right to strike a legal and fundamental right of the Government employees on par with the other section of the working class.
23. Grant Five promotions to all employees as is provided for in the case of Group-A services.
24. (a) Withdraw the PFRDA Bill.
    (b) Rescind the decision to allow FDI in pension sector.
    (c) Scrap the new contributory pension scheme .
    (d) Extend the existing statutory defined pension scheme to all Central Govt. employees irrespective of their date of entry in Government service.
25. Vacate all Trade Union victimisation, and more specifically in the Indian Audit and Accounts Department.