IN THE HIGH COURT OF JHARKHAND AT RANCHI
(CIVIL WRIT JURISDICTION)
W.P.(S) No. 4946 OF 2008
Shri P.N.Mishra … … … … … Petitioner
… VERSUS …
The Union of India & Others … … Respondents
Sub: - QUASHING MATTER
INDEX
Sl.No. Particulars Page No.
01 An application with affidavit 1 – 22
02 Annexure – 1
A photo copy of original Gazette
Notification dated 31-07-2008 23
03 Annexure – 2
A photo copy of original
office order No.F.N.6 – 1 / 92 –
NVS(Admn.) dated 30-03-1992 24
04 Annexure – 3 series
A photo copy of recommendations
of the Parliamentary Committee of
NVS, New Delhi together with
Report No. 198 and copy of the
recommendation of Commissioner
dated 29-12-06 25 - 36
05 Annexure – 4 series
Photo copy of office copy of
representations dated
01-05-08, 17-06-08, 05-08-08 &
21-08-2008 37- 47
VAKALATNAMA
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(CIVIL WRIT JURISDICTION)
W.P.(S) No. 4946 OF 2008
Shri P.N.Mishra … … … … … Petitioner
… VERSUS …
The Union of India & Others … … Respondents
Synopsis
That the petitioner in the instant writ application prays for issuance of a writ or writs, direction and directions commanding the Respondents to implement and adopt and formulate the uniform and consistent Pension Rule for entire Teaching & Non Teaching staffs as Pension Rule as has been adopted and made applicable for the other educational institutions of the central Government, Human Resources Department. The petitioner further assails the inconsistent pension scheme approved on 01-01-2004 for declaring it ultravires to Articles 14,16 and 21 of the Constitution of India as not framed under Article 309 of the Constitution of India which is derogatory to the entire Teaching & non Teaching staffs of Navodaya Vidyalaya Samiti/Jawahar Navodaya Samiti issued by the union of India, Samiti issued by the Union of India Human Resources Department published in the Union of India Gazette Notification dated 31-7-2008 contained in Annexure – 1 is fit to be declared as ultravires to Articles 14,16 and 21 of the constitution of India as not framed Under Article 309 of the Constitution of India.
The important dates and events are as under: -
17-01-1992:The Director of Navodaya Vidyalaya Samiti of the Executive Committee decided in its meeting held to adopt the Rules & Regulation and procedure application to the Central Government Employees as Mutatis and Mutandis, till such time the
( i i )
: the Navodaya Vidyalaya Samiti formulated its own Rules.
: An Expert committee headed by Sri Y.N.Chaturvedi constituted by Human Resource Department with respect to Management’s structure operating mechanism and suggested further with respect to pensionary benefits to be extended to Teaching & Non-Teaching staffs of the NVS/JNVs at par with the similarly situated schools run and governed by Human Resources Department of the Union of India which report were submitted in 2001.
Paragraph – 20 : The Review Committee constituted
29 -01-2004 by Human Resources Department of Union of India further Submitted a suggesting the Teaching a Non- Teaching staffs of the NVS/JNVs be treated at par with Teaching and Non-Teaching staffs of Kendriya Vidyalaya schools for the purpose of extending and admitting such pensionary benefits.
Annexure -3 : The Commissioner of NVS/JNVs who is the controlling
Series Authority of NVS/JNVs, New Delhi vide its recommendation dated 29-12-06 after due enquiry and examining all pros and cones of the entire matter, has recommended for enforcement of the pensionary benefits to the Teaching and Non-Teaching staffs of NVS/JNVs.
Annexure -4: The petitioner’s Association claimed before all the authorities including Prime Minister of India time without number but in vain.
Contd. to ( i i i )
( i i i )
Annexure – 1: The Teaching & Non Teaching staffs who have joined prior to 01-01-2004 are being discriminated on issuing Notification of Union of India is discriminatory, prejudicial to the entire service condition and pensionary benefits of NVS/JNVs as being Ultravires to Article 14, 16 and 21 of the constitution of India and as not framed Under Article 309 of the constitution of India.
Hence this writ application.
( 1 )
IN The HIGH COURT OF JHARKHAND AT RANCHI
(CIVIL WRIT JURIADICATION)
W.P.(S) No. 4946 of 2008
IN THE MATTER OF
An application Under Article 226 of the Constitution of India
AND
IN THE MATTER OF
Shri P.N.Mishra, son of Late Ganesh Mishra, Executive Member, Jawahar Navodaya Vidyalaya, Ranchi (Jharkhand) represented through All India Navodaya Vidyalaya Staff Association, resident of at Bandhgari, P.O- R.M.C.H., P.S. Ranchi Sadar, Dipatoli Ranchi (Jharkhand).
… PETITIONER
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- VERSUS -
- The Union of India through the Secretary, Human Resource Department, New Delhi.
- The Secretary, Human Resource Department, New Delhi.
- The Additional Secretary, Human Resource Department, New Delhi.
- The Commissioner, Navodaya Vidyalaya Samiti,A-28, Kailash Colony, New Delhi -110048.
… RESPONDENTS
To,
The Hon’ble Gyan Sudha Mishra, the Chief Justice of the High Court of Jharkhand at Ranchi and Her Other Companion Justices of the said Hon’ble Court.
The humble petition on behalf of the petitioner named above.
( 3 )
MOST RESPECTFULLY SHEWETH : -
1. That this is an application for issuance of a writ or writs, direction or directions, commanding the Respondents to implement and adopt and formulate the uniform and consistent pension Rule for entire Teaching and Non-Teaching staffs, as Pension Rules as has been adopted and made applicable with the other Education Institutions of the Central Government, Human Resources Department such as OAK Schools of Railway, Kendriya Vidyalaya Sangathan, Central Tibetian Schools organization governed by Human Resources Department of the Union of India Rule – 149/( 4 ) (iv) of G.F.R of Government of India states. The petitioner further assails the inconsistent pension scheme approved on 01-01-2004 for declaring it ultravires to Articles 14, 16 and 21 of the constitution of India as not framed under Article 309 of the Constitution of India which is derogatory to the entire Teaching & Non-Teaching staffs
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the Navodaya Vidyalaya Samiti issued by the Union of India, Human Resources Department published in the Union of India Gazette Notification dated 31-07-2008, so far as the staff of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya which have been appointed before 01-01-2004. The aforesaid Rules is inconsistent to the extent that it zeopardises the entire pensionary benefits of an employee who has already rendered more than 20 years service or has attaineded the age of superannuation. The Union of India Human Resources Department showing apathytiehile accepting the proposal of various committees for treating the service condition of all the Teaching & Non-Teaching staffs of Navodaya Vdyalaya Samiti/ Jawahar Navodaya Vidyalaya samiti at par with the other Central Government Schools run by Human Resources Department of the Union of India as mentioned above for all service benefits including the pensionary benefits but unfortunately has issued the
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Notification dated 31-07-2008, creating anomolous situation and needless controversy creating clouds and apprehension among all the Teaching & Non Teaching staffs of Navodaya Vdyalaya Samiti and Jawahar Navodaya Vidyalaya samiti. The aforesaid notification is highly prejudicial to pensionary benefits of the entire Teaching & Non – Teaching staffs of the schools in question which have been appointed before 01-01-2004 as such is violative of the Articles 14, 16 and 21 and 309 of the constitution of India and is fit to be declared ultravires, illegal and inoperative as regards the petitioner’s Association is concerned.
A photo copy of the original Gazette Notification dated 31-07-2008 is annexed herewith and marked as Annexure – 1 to this writ application.
2. The petitioner is a citizen of India and
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Executive Member of Jawahar Navodaya Vidyalaya, B.I.T, Mesra, Ranchi Branch, represented through All India Navodaya Vidyalaya Staff Association and his cause of action accrues within the territorial jurisdiction of this Hon’ble Court.
- That the petitioner has been duly authorized by his Association to file this case in present form before this Hon’ble Court and also swear affidavit in the case.
4 That the following substantial question of Law are
involved in the case : -
(i) WHETHER this Hon’ble Court in exercise of its writ jurisdiction, can quash the order contained in Annexure – I so far as the petitioner’s Association is concerned as being violative of Articles 14, 16 and 21 of the Constitution of India as being inconsistent and derogatory to the pension scheme adopted by the Human Resource Department of Union of India for other similarly
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situated schools governed and controlled by the Human Resource Department of the Union of India?
(ii) WHETHER this Hon’ble Court in exercise of its writ jurisdiction can direct the Respondents to formulate and adopt the Rule pertaining to the Teaching and Non Teaching staffs of Navodaya Vdyalaya Samiti/ Jawahar Navodaya Vidyalaya and treating the case of the petitioner’s Association to be at par with other Teaching & Non Teaching staffs of similarly situated schools as mentioned above ?
(iii) WHETHER the action of the Respondents while issuing Notification contained in Annexure – 1 have acted arbitrarily, making discrimination with the Navodaya Vdyalaya Samiti/ Jawahar Navodaya Vidyalaya samiti Teaching & Non Teaching staffs with respect to grant pensionary benefits to the aforesaid staffs who have been appointed prior to 01-01-2004 and thus whether the Rules published in the Extra Ordinary Gazette
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contained in Annexure – 1 can be declared ultravires, illegal and in-operative so far the Teaching and Non – Teaching staffs of Navodaya Vdyalaya Samiti/ Jawahar Navodaya Vidyalaya samiti who have been appointed prior to 01-01-2004 as being derogatory to the service condition of petitioner’s Association?
5. That the short facts giving rise to the filing of the present writ application, is that the Human Resources Department of the Union of India presented the large vision of Late Rajive Gandhi, Prime Minister of India, the then, to establish Central Government controlled schools in the remote rural areas of the country within the territory of India and in that vision the Navodaya Vidyalaya Samiti schools were brought on surface and today about 600 Navodaya Vidyalaya Samiti schools have been established and all the schools mentioned above have been imparting valuable, quality modern education to the students residing in
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Remote rural areas of the country end is also producing large number of meritorious students who are the future of the nation.
6. that the Jawahar Navodaya Vidyalaya schools of the Human Resources Department of the Union of India have huge establishment of Teaching & Non Teaching and IVth Grade Employees spreading all over India and at the time of establishment of schools in the year 1985 and thereafter the Human Resources Department of Union of India primarily declared to implement the rules of the governance of the other educational institutions of the Union of India, Human Resources Department including all the service benefits and pensionary benefit for the teaching & Non-Teaching staffs of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya Samiti vide O.M..No. 4/1/87-PIC-1 dated 01-05-1987.
7. That it is stated further that a Executive Committee of Jawahar Navodaya Vidyalaya Samiti has been
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Constituted by the Human Resourses Department of Union of India and the Director of Navodaya Vidyalaya Samiti of the said Executive Committee decided in tis meeting held on 17-01-1992 to adopt the Rules & Regulations, circulars and procedures applicable to the Central Government Employees as Mutatis & Mutandis till such time the Navodaya Vidyalaya Samiti formulates its own Rules required for the governance of the school establishment and service conditions of Teaching and Non Teaching Staffs of Navodaya Vidyalaya Samiti vide letter No. F-6-1/92 NVS (Admn.) dated 30-03-1992 contained in order No. 14-2/93-NVS (Vig.) dated 20-12-1993.
The photocopy of the original office order No. F. No.6-1/92-NVS(Admn) is annexed herewith and marked as annexure-2 to this writ application.
8. That it is stated and submitted that an
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Expert committee headed by Sri Y.N. Chaturvedi constituted by Human Resources Department with respect of Management’s structures operating mechanism and suggested further with respect to pensionary benefits to be extended to the Teaching & Non Teaching Staffs of Navodaya Vidyalaya Samiti/ Jawahar Navodaya Vidyalaya Samiti at par with the similarly situated schools run and governed by Human Resources Department of the Union of India which report were submitted in 2001.
9. That it is stated further in the aforesaid connection that the parliamentary standing committee on Human Resources Department in its 154th report presented on 02-03-2005 in Lok Sabha and Rajya Sabha on 03-03-2005 strongly recommended the pensionary benefits to be given to the Teaching and Non Teaching staffs of the Navodaya Vidyalaya Samiti and Jawahar Navodaya Vidyalaya and said benefits as has been extended to the teaching and Non Teaching staffs
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of the other Human Resources Department governed schools. It is further submitted in the aforesaid connection that the report pertaining to extending the pensionary benefits and other service conditions for Teaching & Non Teaching staffs of Jawahar Navodaya Vidyalaya and Navodaya Vidyalaya Samiti has made strong recommendation for pensionary benefits at par with the other Central Government Employee, has been made by the Parliamentary standing committee on 30-11-2006, 17-08-2007 in its 184th and 198th Reports. Needless to say that the reports were presented to the Lok Sabha and Rajya Sabha.
10. That it is stated further that a review committee constituted by Human Resources Department of Union of India further submitted a report on 29-01-2004 suggesting the Teaching & Non Teaching Staffs of the Navodaya Vidyalaya Samiti/ Jawahar Navodaya Vidyalaya Samiti be treated as at par with the Teaching & Non Teaching Staffs of Kendria Vidyalaya Schools for the purpose of
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extending and admitting such pensionary benefits.
11. That it is pertinent to mention here that a committee headed by the Commissioner of the Navodaya Vidyalaya Samiti who is Controlling Authority of Navodaya Vidyalaya Samiti, New Delhi vide its recommendation dated 29-12-2006 after due enquiry and examining all pros and cons of the entire matter, has recommended for enforcement of the pensionary benefits to the Teaching & Non Teaching staffs of Navodaya Vidyalaya Samiti/ Jawahar Navodaya Vidyalaya Samiti at par with the employees of other educational institution being governed by Human Resources Department of Union of India. It is relevant to state that the Commissioner of Navodaya Vidyalaya Samiti, has strongly held by analyzing and evaluating the entire matter that the case of the Teaching & Non Teaching employees of Navodaya Vidyalaya Samiti /Kendria Vidyalaya Samiti are prima-facie on strong footing than the other such staffs of other schools being run by the Human
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Resources Department of Union of India.
The photo copy of the recommendations of the parliamentary committee of Navodaya Vidyalaya Samiti, New Delhi Report No. 198 and copy of the recommendations of the Commissioner dated 29-12-2006 are annexed herewith and marked as annexure – 3 series.
12. That it is also pertinent to mention here that the 6th Pay revision Committee of the Government of India has also approved the demand of Teaching & Non Teaching staffs of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya Samiti for treating their service conditions at par with Teaching & Non Teaching staffs of Central Government schools and extend and admit their pensionary benefit at par with the Teaching & Non Teaching staffs of other schools being governed by the Human Resources
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Department of Union of India.
13. That from the facts and circumstances mentioned above, it is abundantly proved that the Teaching & Non Teaching staffs of Navodaya Vidyalaya Samiti/ Jawahar Navodaya Vidyalaya Samiti have been playing great role in building and creating high quality of educational environment in remote rural area of the entire nation and thereby their role in building of nation can not be ignored, and while doing so with great discipline, they used to spend whole of their precious life in the school. It is stated that while imparting education of highest quality in the school, their result in all subjects is at par with the renowned educational institution spread over the country and even at private controlled institutions at Shimla, Dehradun, Darjeeling, Rajasthan, Military schools, OAK schools of Railway but unfortunately the Teaching & Non Teaching staffs of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya
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Are being discriminated arhitrarily, denying their pensionary benefits and other benefits as being given to the similarly situated educational institution of Human Resources Department of Union of India.
14. That it is abundantly proved from the perusal of the report of central committee dated 29-12-2007 of Navodaya Vidyalaya Committee constituted for the purpose of examining for entire service condition of Teaching & Non Teaching staffs of Navodaya Vidyalaya Samiti / Jawahar Navodaya Vidyalaya Samiti. That the benefit of service conditions pensionary benefits of the c.c.s rule be given to them.
15. That despite all recommendation on the basis of due enquiry contained in the All India Gazette Notification vide Annexure – 1 has been issued which is highly prejudicial to the entire Teaching & Non Teaching staffs of Navodaya Vidyalaya Samiti/ Jawahar Navodaya Vidyalaya Samiti who have been appointed before 01-01-04, in the circumstances it may be declared that the pensionary Rule abrogate the equality and equality claim
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guaranteed under the Constitution of India under Article 14, 16 and 21, arbitrarily taken away, depriving the benefits of full pension scheme which is extended and payable to the other Teaching & Non Teaching staffs of educational institution being controlled by Government of India, Human Resources Department. The petitioner through its Association craves leave of this Hon’ble Court to state that the benefits of pension under central civil service (C.C.S. Pension Rule 1972) be extended and granted to the Teaching & Non Teaching staffs of Navodaya Vidyalaya Samiti / Jawahar Navodaya Vidyalaya Samiti.
16. That the petitioner’s Association apprehends that the member who are Teaching & Non Teaching staffs shall be deprived of the pensionary benefits on account of anamoly created by virtue of issuance of Notification contained in Annexure– 1 dated 31-07-2008.
17. That it is stated and submitted for the kind
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consideration of this Hon’ble court that the petitioner’s Association represented through All India Navodaya Vidyalaya Staffs Association, claimed before all the authorities including Prime Minister of India, Minister of Human Resources Department, New Delhi time without number but unfortunately the Notification contained in Annexure – 1 has neither been withdrawn nor has been rescinded by the Human Resources Department till date, compelling and dragging the Petitioner’s Association to hover in uncertainty with respect to the pensionary benefits for those employees who have joined Navodaya Vidyalaya Samiti / Jawahar Navodaya Vidyalaya Samiti schools prior to 01-01-2004.
The photo copy of office copy of representations dated 01-05-2008, 17-06-2008, and 05-08-2008, 21-08-2008 are annexed herewith and marked as Annexure – 4 series to this writ.
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18. That the action of the Respondent while issuing order as contained in Annexure – 1, have violated the equaity and equality clause guaranteed under Articles 14 & 16 of the Constitution of India as such order contained in Annexure – 1 is violation of Article 14, 16 and 21 of the Constitution of India.
19. That from the facts and circumstances mentioned above, it is proved that the Teaching & Non Teaching staffs have joined prior to 01-01-2004 are being discriminated on issuing Notification contained in Annexure -1 of Union of India which is discriminatory, prejudicial to the entire service condition and pensionary benefits of Navodaya Vidyalaya Samiti / Jawahar Navodaya Vidyalaya Samiti.
20. That the member of the petitioner’s Association has no other alternative or efficacious remedy available any where than to move before this Hon’ble Court for the reliefs bought for in the present
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writ application and against the Notification contained in Annexure -1.
21. That the order /Notification contained in Annexure-1 is ultravires to Article 14, 16 and 21 of Constitution of India as the said Annexure has not been framed any issues Under Article 309 of the Constitution of India.
22. That the petitioner has move before this Hon’ble Court for the first time for the reliefs sought for in the instant writ application.
It is, therefore, prayed that Your Lordships may graciously be pleased to issue writ or writs, direction or directions to implement the pensionary Rule(C.C.S pension Rule 1972) on the basis of recommendations made by competent authority and several Committees of Parliament as is applicable to Teaching
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& Non Teaching staffs of other educational institution run, controlled and managed by Human Resources Department of Union of India and after hearing the parties allow this application and declare the Notification contained in Annexure-1 is ultravires to the Article 14, 16 and 21 of the Constitution of India not having framed Under Article 309 of the Constitution of India :
AND/OR
Rending disposal of this application stay operation of above.
OR
Pass such other order or orders as to your Lordships may deem fit and proper;
And for this the petitioner shall ever pray.
Sd/- PANCHA NAND MISHRA
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I, P.N.Mishra son of Late Ganesh Mishra, resident of AT-Bandhgari, P.O-R.M.C.H, P.S- Ranchi Sadar, District Ranchi, do hereby solemnly affirm and state as follows : -
1. That I am petitioner being Executive Member, Jawahar Navodaya Vidyalaya, Ranchi Branch represented through All India Navodaya Vidyalaya Staffs Association, as such am well acquainted with the facts and circumstances of the case.
2. That I have read and understood the contents of this application and affidavit.
3. That the statement made in paragraph 8 pt, 6pt, 8pt, 12, 13,14,15,16,17 to 21 are true to my knowledge and those made in paragraphs 1pt 2,3, 5pt, 6pt, 7pt, 8pt, 9pt, 10,11,22 are true to my information derived from the records of the case and the rest are by way of submissions to this Hon’ble Court.
4. That the annexure are the Xerox/true copies of their respective originals.
Verified sworn and signed this affidavit on this the 22th day of September, 2008 at Ranchi.
Sd/- PANCHA NAND MISHRA
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