Report on coverage under CCS (Pension) Rules, 1972 i.r.o. employees of Jawahar Navodaya Vidyalaya who joined service before 01.01.2004

Report on coverage under CCS (Pension) Rules, 1972 i.r.o. employees of Jawahar Navodaya Vidyalaya who joined service before 01.01.2004. Report on Petition of Members of Parliament requesting to cover the employees of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya (erstwhile Model school) who joined their services before 1 January, 2004 under the Central Civil Services (Pension) Rules, 1972.

THIRTY-SECOND REPORT
COMMITTEE ON PETITIONS

(SEVENTEENTH LOK SABHA)

MINISTRY OF EDUCATION
(DEPARTMENT OF SCHOOL EDUCATION & LITERACY)
AND
MINISTRY OF FINANCE
(DEPARTMENT OF EXPENDITURE) :

(Presented to Lok Sabha on 02.08.2022)

LOK SABHA SECRETARIAT
NEW DELHI

August, 2022/Sravana, 1944 (Saka) :

CONTENTS

COMPOSITION OF THE COMMITTEE ON PETITIONS

INTRODUCTION

REPORT

Representations of S/Shri Yogendra Sharma, Rahul Singh, Yogendra Bhakta, S. Kannan, Smt. K. Manjula, and other Individuals/Associations forwarded by Members of Parliament requesting to cover the employees of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya (erstwhile Model School) who joined their services before 1 January, 2004 under the Central Civil Services (Pension) Rules, 1972.

ANNEXURES

(i) Representations of S/Shri Yogendra Sharma, Rahul Singh, Yogendra Bhakta, S. Kannan and Smt. Manjula

(ii) Department of Pension & Pensioners’ Welfare Office Memorandum dated 01.05.1987 68

(iii) Prime Minister’s Office I.D. Note dated 25.04.1986

(iv) Ministry of Human Resource Development Sanction Letter dated 28.10.1985

(v) Navodaya Vidyalaya Samiti Executive Committee’s approval for implementation of CPF Scheme

(vi) Ministry of Finance (Department of Expenditure) Notification dated 11.11.1991

(vii) Navodaya Vidyalaya Samiti Notification dated 20.12.1991 : 80

(viii) List of Autonomous Bodies where Old Pension Scheme was allowed in the light of the Court Judgements

(ix) Ministry of Finance (Department of Expenditure) Orders dated 16.03.2020

(x) Ministry of Finance (Department of Expenditure) I.D. Note dated 08.08.2019

(xi) Ministry of Finance (Department of Expenditure) Office Memorandum dated 17.07.2020 :

(xii) Rule 230(12) (ji) of General Financial Rules 2017 90

(xiii) Ministry of Financial (Department of Expenditure) Office Memorandum dated 13.14.2003.

(xiv) Ministry of Financial (Department of Expenditure) Office Memorandum dated 28.05.2013.

(xv) Ministry of Financial (Department of Expenditure) Office Memorandum dated 18.10.2013.

(xvi) Minister of Finance D.O. letter dated 21.12.2020.

(xvii) Ministry of Financial (Department of Expenditure) ID Note dated 01.04.2022.

APPENDIXES

(i) Minutes of the 18th sitting of the Committee on Petitions held on 13.12.2021

(ii) Minutes of the 20th sitting of the Committee on Petitions held on 05.04.2022
(iii) Minutes of the 21st sitting of the Committee on Petitions held on 19.5.2022

---

COMPOSITION OF THE COMMITTEE ON PETITIONS

Shri Harish Dwivedi · Chairperson

MEMBERS

2. Shri Anto Antony
3. Shri Hanuman Beniwal
4. Dr. Sukanta Majumdar
5. Shri Sanjay Sadashivrao Mandlik
6. Shri P. Ravindhranath
7. Shri Brijendra Singh
8. Shri Sushi! Kumar Singh
9. Shri Manoj Tiwari
10. Shri Prabhubhai Nagarbhai Vasava
11. Shri Rajan Vichare
12. Shri Arvind Sawant
13. Vacant
14. Vacant
15. Vacant

SECRETARIAT

1. Shri T. G. Chandrasekhar – Additional Secretary
2. Shri Raju Srivastava – Director
3. Shri G. C. Dobhal – Additional Director
4. Shri Anand Kumar Hansda – Assistant Executive Officer

THIRTY-SECOND REPORT OF THE COMMITTEE ON PETITIONS :
(SEVENTEENTH LOK SABHA)

INTRODUCTION :

I, the Chairperson, Committee on Petitions, having been authorised by the Committee to present on their behalf, this Thirty-Second Report (Seventeenth Lok Sabha) of the Committee to the House on the representations of S/Shri Yogendra Sharma, Rahul Singh, Yogendra Bhakta, S. Kannan, Smt. K. Manjula and other Individuals/Associations forwarded by Members of Parliament requesting to cover the employees of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya (erstwhile Model school) who joined their services before 1 January, 2004 under the Central Civil Services (Pension) Rules, 1972.

2, The Committee considered and adopted the draft Thirty-Second Report at their sitting held on 19 May, 2022.

3. The observations/recommendations of the Committee on the above matters have been included in the Report.

NEW DELHI;

HARISH DWIVEDI,
Chairperson,
Committee on Petitions.

19 May, 2022
28 Vaishaka, 1944 (Saka)

REPORT

REPRESENTATIONS OF S/SHRI YOGENDRA SHARMA, RAHUL SINGH, YOGENDRA BHAKTA, S. KANNAN, SMT. K. MANJULA AND OTHER INDIVIDUALS/ ASSOCIATIONS FORWARDED BY MEMBERS OF PARLIAMENT REQUESTING TO COVER THE EMPLOYEES OF NAVODAYA VIDYALAYA SAMITI) JAWAHAR NAVODAYA VIDYALAYA (ERSTWHILE MODEL SCHOOL) WHO JOINED THEIR SERVICES BEFORE 1 JANUARY, 2004 UNDER THE CENTRAL CIVIL SERVICES (PENSION) RULES, 1972.

S/Shri Yogendra Sharma, Rahul Singh, Yogendra Bhakta, S. Kannan, Smt. K. Manjula and other Individuals/Associations had submitted several representations through Members of Parliament to the Committee on Petitions, Lok Sabha requesting to cover the employees of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya (erstwhile Model School) who joined their services before 1 January, 2004 under the Central Civil Services (Pension) Rules, 1972 (Annexure-I).

2. The representationists, in their representations, inter-alia brought out the following facts in relation to their grievances, before the Committee:-

(i) In pursuance of the National Policy on Education, 1986, Jawahar Navodaya Vidyalayas (JNV) were established under the Ministry of Human Resource Development (Government of India) with following major objectives:-

(a) To provide good quality modern education including a strong component of culture, inculcation of values, awareness of the environment, adventure activities and physical education to the talented children predominantly from the rural areas;

(b) To ensure that students attain a reasonable level of competence in three languages;

(c) To promote national integration through migration of students from one place to another; and

(d) To serve, in each District, as focal points for improvement in the quality of school education in general, through sharing of experiences and facilities.

(ii) On 28.10.1985, two Model Schools, one at Amravati In Maharashtra and one at Jhajjar in Haryana were sanctioned and set up by the Ministry of Human Resource Development and the requisite funds were sanctioned for the National Council of Educational Research and Training (NCERT) to run these Schools, which were later renamed as Jawahar Navodaya Vidyalayas (JNV). Posts required to run these Vidyalayas have also been sanctioned vide letter dated 28.20.1985.

(iii) As per Government of India Office Memorandum dated 01.05.1987, Central Government employees as on roll against the sanctioned posts as on 1.1.1986 were covered under CCS (Pension) Rules, 1972 unless they themselves opted otherwise.

(iv) The Officers who initially came to NVS on deputation and have qualified for CCS Pension from their parent Department, were not interested in introducing Government of India’s Pension Scheme to the NVS. They arbitrarily and unthinkingly decided to implement CPF in the organization to cater to their vested interests, keeping the regular employees in dark, as no such option was sought from the employees of JNVs before implementing CPF Scheme instead of GPF-cum-Pension Scheme.

(v) In the year 2006, the Commissioner, NVS wrote to the Secretary of Sixth Pay Commission with all supporting documents demanding Government of India Pension to Jawahar Navodaya Vidyalaya Employees who joined service prior to 01.01.2004.

(vi) The 154t and 184! Parliamentary Standing Committees have categorically highlighted the discrimination towards the employee of NVS when compared to the sister concern like Kenariya Vidyalaya Sangathan and strongly recommended grant of CCS Pension Scheme to NVS employees.

(vii) The Review Committee constituted for review of management structure and operating mechanism of NVS headed by Shr Y. N. Chaturvedi, Ex-Secretary to the Government of India, strongly recommended to provide pension to Navodaya Vidyalayas and wondered why the attitude of Government is not positive towards the dedicated and devoted employees of NVS.

(viii) In the year 2006, Government prepared a Cabinet Note to extend Government of India Pension to Navodaya Employees. However, unfortunately, it could not get materialized for reasons not known.

(ix) In 2010, the then Commissioner, NVS wrote letter dated 12.05.2010 to the Joint Secretary, MHRD requesting to provide Rs. 1100 crore (approximately) in order to implement CCS Pension to NVS employees on the basis of actuary report submitted by Shri P.C. Gupta, in which the third option envisaged no liability for the Government for the next thirteen years for 2 providing Government of India Pension to Navodaya employees.

(x) In 2013, Government prepared another Cabinet Note to provide Government of India pension to Navodaya employees.

(xi) In 2014, the LIC proposed to provide pension at par with Government of India pension with 7.5% increasing DA per annum for which they asked only Rs. 1777 crore (approximately) as one time liability.

(xii) A proposal was forwarded by NVS to its employees seeking consent for an alternate pension scheme. The consent for the same was sought from the employees by 31.12.2018.

3. The representationists, while explaining the pathetic conditions of the NVS employees who joined their services before 1 January, 2004, due to denial of pensionary benefits under the Central Civil Services (Pension) Rules, 1972, have, therefore requested the Committee to look into their genuine grievances and examine the instant case.

4. The Committee on Petitions took up the representations for examination under Direction 95 of the Directions by the Speaker, Lok Sabha. Accordingly, the representations received on the subject were forwarded to the Ministry of Education (Department of School Education and Literacy) for furnishing their comments on the issues raised therein.

5. In response thereto, the Ministry of Education (Department of School Education and Literacy) vide their Office Memorandum No. 28-02/2020-UT-3 dated 16 October, 2020 had forwarded a factual note for grant of pension to the employees of Navodaya Vidyalaya Samiti who joined their services prior to 1 January, 2004 together with the current status of action taken in the matter, as under:-

“The Cabinet had accorded approval for establishment of 432 Model Schools, one in / each District of the country on 9.8.1985. The Cabinet approval also envisaged setting up of an autonomous organization to manage these schools. In accordance with the said approval, it was initially decided to open two Model Schools – one at Amravati in Maharashtra and one at Jhajjar in Haryana during 1985-86 itself. Since the Autonomous Body (AB) for managing and running these schools was yet to be established, the National Council of Educational Research and Training (NCERT) was assigned the task of starting these two schools in 1985-86. The first instalment of the grant amounting to Rs. 22.50 lakh was also released to NCERT vide sanction dated 28.10.1985, Approval of the Competent Authority for creation of the posts required in these two schools was also conveyed on the same date. A Navodaya Vidyalaya Samiti (NVS), was also registered as a Society under the Societies Registration Act, 1860, on 28.2. 1986.

The Department of Pension & Pensioners’ Welfare (DoP&PVW) issued Office Memorandum dated 1.5.1987 whereby, all Contributory Provident Fund (CPF) beneficiaries, who were in service as on 1.1.1986 and who were still in service, would be deemed to have come over fo the Pension Scheme unless specifically opted to remain under the CPF Scheme. The cut-off date for exercising this option was 30.9.1987.

it may be pertinent. to mention here that the employees of Kendriya Vidyalaya Sangathan (KVS), National Council of Educational Research and Training (NCERT), Central Tibetan School Administration (CTSA) and National Institute of Open Schooling (NIOS), which are also autonomous organizations under the Ministry of Education, have been granted the benefit of General Provident Fund (GPF)-cum-Pension Scheme under the Central Civil Services (Pension) Rules, 1972. Similar benefits have not been extended to the employees of NVS on the ground that NVS as a society was established and registered only on 28.2.1986 whereas, the cut-off date for being in service to become eligible for the GPF-cum-Pension Scheme was 1.1.1986.

In so far as the employees of the Navodaya Vidyalaya Samiti are concerned, the Ministry of Finance, Department of Expenditure, vide its Notification No. 4(1)-EV/90 (i) dated 11.11.1991 extended the Contributory Provident Fund (CPF) Scheme to the employees of NVS retrospectively w.e.f, 1.4. 1988.

The Department of Expenditure (DoE) vide their Office Memorandum dated 14,1.2004 and 4.2.2004 had introduced a New Pension Scheme (NPS) which came into operation w.e.f., 1.1.2004 and is applicable to all new the entrants joining Central Government service on or after 1.1.2004. The NPS was made applicable to all regular employees of NVS w.e.f, 1.4.2009 vide NVS notification dated 4.8.2009. Those employees who had joined NVS on regular basis before 1.4.2009 were given the option either to continue with the existing CPF Scheme or to join the NPS, At present, employees of NVS are given the retirement benefits of Leave Encashment, Gratuity and Contributory Provident Fund.

When a draft Cabinet Note for introduction of GPF-cum-Pension Scheme for the employees of NVS under the CCS (Pension) Rules, 1972 was moved in April, 2013, the DoE had not supported the proposal inter alia citing the technical ground that DoP&PW’s Office Memorandum dated 1.5.1987 is not applicable to the employees of NVS as NVS was not in existence as on 1.1.1986, the crucial date of Fourth Pay Commission recommendation for switching over fo GPF-cum-Pension scheme to the employees till then covered under the CPF Rules. However, the DoE had, in a meeting held on 17.12.2013, advised formulation of an Annuity Based Scheme in consultation with Life Insurance Corporation (LIC) which is feasible on the basis of the corpus available with NVS and the contribution made by the employees.

Writ Petition (Civil) Nos. 556/2012 and 518/2012 were filed by the Principals and other officials of Jawahar Navodaya Vidyalayas seeking issuance of directions to the respondents (Uo!) to introduce and implement CCS (Pension) Scheme, 1972 to all the employees of NVS. Separately, an Special Leave Petition (Civil) No. 19102/2012 was filed by Shri P.N. Mishra against the order dated 9.12.2012 passed by the Hon’ble High Court of Jharkhand dismissing the Writ Petition filed by him. These cases were disposed of collectively by the Hon’ble Supreme Court through a single judgment dated 20.1.2015. The Hon’ble Supreme Court while dismissing the above Writ Petitions and Special Leave Petition had inter alia observed that “.. The cut-off date is a domain of the employer and so the introduction of new scheme of pension will be done considering all the relevant factors including financial viability of the same: No interference is warranted unless there is gross injustice perpetrated. The Appellants have failed fo prove any arbitrariness and discrimination with respect to the New Pension Scheme. In the light of the discussion in the foregoing paragraphs, the writ petitions and the appeal are also dismissed…”

Separately, ‘he feasibility of providing pensionary benefits to the employees of NVS through the Employees Provident Fund Organization (EPFO) had also been explored. However, in a meeting held by the then Secretary (School Education & Literacy) on 14.12.2016 with the representatives of the EPFO and the Ministry of Labour & Employment (MoL&E), it was informed by the representative of MoL&E that managing such a fund by the EPFO for the purpose of providing pension to the employees of NVS was beyond the mandate of EPFO. Accordingly, the matter could not be processed any further.

The matter was also discussed with the Hon’ble HRM during the brief meeting held on 24.10.2018 and it was felt that a proposal for extension of pensionary benefits to the regular employees of NVS, who were in service as on 1.1.2004, through an annuity based alternative pension scheme, may be taken up with the Ministry of Finance, Department of Expenditure for their consideration.

NVS had proposed the following three options for annuity based pension schemes through LIC along with their financial implications:-

Option	Features	Total No. of Beneficiaries	Cost Involved	Alternatively
A	Monthly pension of 50% of basic pay last drawn with Dearness Relief and Family Pension	10801	Initial payment of Rs. 5365 crores + Rs. 81.65 crores every year for 15 years and Rs. 22. 51 crore in 16th year (Total Rs. 6612.26 crore)	Initial payment of Rs. 2000 crore + Rs. 393. 13 crore every year for 15 years + Rs. 81.65 crore every year for first 7 years and Rs. 57. 57 crore in 8th year (Total Rs. 8526. 07 crore)
B	Monthly pension of 50% of basic pay last drawn with Family Pension	10801	Initial payment of Rs. 3500 crore + Rs. 68 crores every year till the last person retires in 2045.	Initial payment of Rs. 1000 crore + annual payment of Rs. 292.07 crore for 15 years + Rs. 68 crore every year till 2045.
c	Monthly pension of 50% of basic pay last drawn	10801	Initial payment of Rs. 2900 crore + annual payment of Rs. 45 crore.	Initial payment of Rs. 1000 crore + annual payment of Rs. 221.98 crore for 15 years + annual payment of Rs. 45 crore.

To keep the financial implication to the minimum, NVS had proposed Option – C for consideration and approval, which was last referred to the Department of Expenditure (DoE) for their consideration. In support of the above Option – C, NVS had also proposed the following:-

a. The total management share together with interest thereon in respect of its employees who came into the service prior to 01.01.2004 is Rs. 942. 66 crore. The NVS has, however, indicated that it would be in a position to meet the entire initial payment of Rs. 1000 crore to LIC from the management share together with interest thereon.

b. 10% of the management share, i.e., Rs. 94.26 crore could be contributed out of the interest earned on own share of employee over and above the payout of the interest to employee.

c. An amount of Rs. 20 crore per annum could be paid to LIC from the internal receipt of NVS.

d. The NVS has proposed to meet the total liability of the scheme as under.·-

(i) Initial payment of Rs. 1000 crore from the corpus of management share of CPF along with interest thereon available with NVS.

(ii) The annually instalment of Rs. 221. 98 crore for 15 years has been proposed to be met by –

(a) Rs. 20. 00 crore per annum from the internal source of NVS; and

(b) Balance of Rs. 201.98 crore per annum to be borne by the Government through annual grants.

In this regard, it has been stated that an amount of Rs. 120 crore in the first year with decreasing trend upto Rs. 45 crore in 15th year would have otherwise been paid by the Government as management share of CPF, if this annuity scheme is not adopted. Thus the additional burden on the exchequer would be in the range of average Rs. 100-tO crore per annum for 15 years.

The Integrated Finance Division (/FD) has further opined that without some financial support from the Government of India (Go/), no annuity scheme from LIC is possible with the help of the available management share and employees’ contribution only even if the features of Dearness Relief and Family Pensions have been dropped (Option – C).

Accordingly, proposal on fife was referred to DoE by the /FD for their consideration and decision to bear some of the liability by Government of India arising out of the proposed annuity based scheme as explained in above paragraphs for annuity based pension scheme through L/ C in place of existing CPF for the employees of NVS, who joined service prior to 1.1.2004 and are still in service on the date of adoption of the annuity scheme.

In response, the DoE had again reiterated that it would not be possible to support any such proposal for annuity scheme with part funding from the Government of India by way of Grants-in-aid and suggested that pension fund may be set up in such a way that there is no Government support.

In view of the above, a letter from Hon ‘ble Minister of Education to Hon’ble Finance Minister has been sent on 20. 2.2020, in which the following are further submitted for consideration of Department of Expenditure, Ministry of Finance:-

a. The Cabinet had accorded approval for establishment of 432 Model Schools, one in each District of the country, on 5. 8. 1985 and two Model Schools were opened during 1985-86 itself before the prescribed dated 1.1.1986 whereby, all the CPF beneficiaries, who were in service as on 1.1.1986 and who were still in service, would be deemed to have come over to the CCS (Pension) Rules, 1972 unless specifl’cally opted to remain under the CPF Scheme as pre DoP&PWs Office Memorandum dated 1.5.1987. The cut-off date for exercising this option was 30.9. 1987, however, the NVS was registered under the Societies Registration Act, 1860 on 28.2. 1986 itself as an Autonomous Body well before the 30.9. 1987.

b. DoE has advised that an annuity scheme may be formulated with L/ C based on present corpus available with the NVS and voluntary contribution by employees alone without any liability to the Government.

c. Option – C has the less financial implications as compared to Option -A and B.

d. The NVS, in consultation with L/ C, has stated that with the existing available corpus with NVS, it is not possible to have a suitable and meaningful pension scheme from L/ C. The employees of NVS would get of a paltry monthly pension which will be about 13% of the basic pay and the benefit from this scheme would be worse than the existing benefit of CPF.

e. As some of the employees have already been retired and most of the employees are on the verge of the retirement, at present, the CPF may not serve any purpose to provide social security to the employees of the NVS, as stated above.

f. If is, therefore, clear from the above that without financial support from the Government of India, no annuity scheme from UC is possible with the help of the available management share and employees’ contribution only even if the features of Dearness Relief and Family Pensions have been dropped.

Thereafter, the Department of Expenditure vide its Office Memorandum dated 17.7.2020 has requested to provide following clarifications regarding various observations made by their Department:-

(i) It has been mentioned that the initial payment of Rs.942.166 crore would be met from the NVS share (Management Share) in respect of employees who joined prior to 01.01.2004. It is understood that this amount refers to the share of NVS in the CPF. If so, it may be clarified as lo whether it includes the NVS Share in case of those employees who have already retired and if so, how the pension could be given to these employees as they might have availed themselves of their own share in the CPF.

(ii) It has been mentioned that 10% of the Management Share that is Rs.94.26 crore could be contributed out of the interest earned on the share of employee over and above the payout of the interest to the employees. If the employees share with interest has already been paid, then it needs clarification how the amount of Rs.94.26 crore from that is still available.

(iii) It has been mentioned that an amount of Rs.20 crore per annum would be utilized from the internal receipts of NVS. It may be clarified as to what are the sources of internal receipts of NVS and how the same are utilized at present and if this Rs.20 crore is diverted, what will be its impact on the finances of NVS and quantum of Grant-in Aid from the Government?

(iv) Any Contributory Pension Scheme provides for annuity based on the value of corpus and there is no pre-defined element of annuity. However, pension in this case has been proposed to be 50% of the last pay and as such, it is not in keeping with the basic outline of the Contributory Pension Scheme. Moreover, if pension is pre-determined, whether it will not have any impact of the Pension Fund resulting in deficit and if so, has any actuarial valuation been done to the effect that there would be no impact on pension fund and, hence, no charge on the grant in Grant-in-Aid?

(v) As regards Kendriya Vidyalaya, NCERT, CTSA and NIOS, it may be clarified as to when pension scheme in this case was allowed and whether it was with the approval of Ministry of Finance and whether the employees there were in service as on 01.01.1986 or not. Also, whether employees of NVS came into services as on 01.01.1986 or not?

(vi) What will be impact of present proposal in respect of other autonomous organization of Ministry of education – both in the Department of School Education & Literacy and Department of Higher Education? This may be explained with the possible financial implications, indication the autonomous bodies where it may have repercussions.

Separately, the NVS Retired Employees Association, Pune has addressed a letter dated 24. 8.2020 to the Hon’ble Shiksha Mantri, in which, it has been mentioned that as against Option – C which was recommended to the Department of Expenditure for consideration, they have requested for consideration of Option – A which has a pension component of 50% of the basic pay with Dearness Relief and Family pension. The association has also made some suggestions for generation of internal resources by the NVS to make the pension proposal a self supporting one to a large extent. This include making a one-time contribution from the Education Gess collections, review of the existing fee structure in the JNVs, additional resource generation by the 12 NL/ s through various training programmes, levying a reasonable price for the JNVST prospectus (which is presently distributed free of cost), accepting contribution from JNV alumni, etc.

While inputs from the NVS have been received in response to the queries! observations made by Department of Expenditure, the matter is being followed up with other Autonomous Bodies under Department of School Education & Literacy as well as with Depadment of Higher Education for sending a consolidated response.”

6. Up on examination of the preliminary comments received from the Ministry of Human Resource Development (Department of School Education & Literacy), the Committee on Petitions decided to take up the case for detailed examination.

7. For the purpose, the Committee, in their sitting held on 13 December, 2021 heard the views of some of the representationists, viz., Shri Yogendra Sharma, President, Navodaya Vidyalaya Employees Welfare Association, Shri Rahul Singh, General Secretary, Navodaya Vidyalaya Employees Welfare Association, Smt K. Manjula, National President, All Navodaya Vidyalaya Samiti Staff Association, Shri Yogendra Bhakta, Principal, Jawahar Navodaya Vidyalaya, Rudhauli, Basti (Uttar Pradesh) and Shri S. Kannan, All India Jawahar Navodaya Vidyalaya Principals’ Forum, on the issues/ points raised in their representations and also held a discussion with the representatives of the Ministry of Human Resource Development (Department of School Education & Literacy) in the matter.

8. Before hearing their views of the representationists in the matter, the Committee asked them to clarify on the following aspects in relation to the instant case:-

(i) Whether it is a fact that CCS (Pension) Scheme was made applicable to the employees who were in service as on 1.1.1986 by the Government of India in pursuance of the recommendations of the Fourth Pay Commission? If so, on what basis the representationists have been demanding lo cover the eligible NVS employees under the said Scheme, as the NVS is a Society established and registered only on 28.2.1986?

(ii) Since similar organizations like KVS, NCERT, CTSA and NIOS were established before 1.1.1986, then, how the NVS is being compared to these organizations in regard to issues relating to grant of pension under the CCS (Pension) Scheme, 1972?

(iii) The Government of India had approved establishing of 432 Model Schools in the Country on 5.8.1985 and approximately, Rs. 22 lakh was sanctioned as initial instalment on 28.10.1985 and approval for creation of posts was also granted on the same date. However, NVS as a Society was registered on 28.2.1986. in this backdrop, whether some employees were appointed in the NVS between 28.10.1985 and 28.2.1986?

(iv) Apart from the CCS (Pension) Scheme, NVS had proposed three options for annuity based Pension Schemes, viz., (i) the monthly pension of 50% of basic pay last drawn with Dearness Relief and Family Pension; (ii) the monthly pension of 50% of basic pay last drawn with Family Pension; and (iii) the monthly pension of 50% of basic pay last drawn. What were the reasons for demanding the first option, despite the fact that the Ministry of Education had accepted the third option?

9. The representationists, thereafter, inter alia put forth their points before the Committee, as under:-

(i) As regards the Department of Pension & Pensioners’ Welfare (DoP&PW) Office Memorandum dated 1.5.1987 relating to change over from the CPF Scheme to the Pension Scheme, the objective was to cover the employees under the Pension Scheme, whereby, option was given to all CPF beneficiaries to come under the Pension Scheme. However, if the employees had not opted, they would be deemed to have been covered under the Pension Scheme. Since the affected employees were not given the opportunity to exercise the said option, they should be covered under the Pension Scheme.

(ii) Before the establishment of the NVS (erstwhile Model Schools), the Government of India had assured that their employees’ would get salary, allowances and other benefits similar to or better than the employees of other institutions/organisations of equal status. However, later on, it did not happen, as they were deprived of the similar pensionary benefits, despite the fact that they have more working hours and responsibilities vis-a-vis their counterparts working in other similar institutions/organisations.

(iii) During the period between 28.10.1985 and 28.2.1986, two staff were appointed in the Model School at Jhajjar (Haryana) on 13.12. 1985.

(iv) Out of the three options for annuity based Pension Scheme, the third option, viz., the monthly pension of 50% of basic pay last drawn is the most favourable for the Government. However, at present, in the NVS, the employees who were appointed between 1986 and 2004 are the worst sufferers as they have neither got an opportunity to be covered under the Old Pension Scheme nor the New Pension Scheme. The affected retired employees could hardly manage their lives with the meagre pension amount and have become dependent on others even for their medicines. In view of this, these employees deserve to be covered under the most favorable, first option, i.e., the monthly pension of 50% of basic pay last drawn with Dearness Relief and Family Pension.

(v) The number of such affected NVS employees is not more than 18,000.

(vi) In the beginning, most of the Officers/Staff working in the NVS were on deputation and were eligible for drawal of pension under the Old Pension Scheme from their parent Department(s) and therefore, they did not show much interest to put in their efforts towards covering the NVS employees under the Old Pension Scheme instead of CPF, which was forcibly implemented in their case.

(vii) The NVS employees were deprived of the option for choosing GPF-cum­ Pension Scheme only on technical ground, i.e., NVS was not registered as on 1.1.1986 (the crucial date for switching over from CPF Scheme to GPF-cum­-Pension Scheme).

(viii) The affected party had also approached up to the Supreme Court. However, all the related cases were disposed of collectively by the Supreme Court through a single judgment dated 20.1.2015 and while dismissing the WPs and SLP in the matter, the Court had inter a/ia observed that “…The cut-off date is a domain of the employer and so the introduction of new scheme of pension will be done considering all the relevant factors including financial viability of the same…”.

(ix) The Petitioners could not get a favorable judgment due to their inability in producing the relevant documents in support of their claim.

(x) NIT/ Aayog and Various Parliamentary Committees have also recommended for covering the employees of Jawahar Navodaya Vidyalaya who joined their services before 1.1.2004 under the Central Civil Services (Pension) Rules, 1972, however, so far no positive action has been taken in this regard.

(xi) As per General Financial Rules 2005 and 2017, all Grantee Institutions or Organisations which receive more than fifty per cent of their recurring expenditure in the form of grants-in-aid, should ordinarily formulate terms and conditions of service of their employees which are, by and large, not higher than those applicable to similar categories of employees in the Central Government. As a matter of fact, Jawahar Navodaya Vidyalaya get hundred per cent of their recurring expenditure in the form of grants-in-aid from the Government. Hence, the benefits to the employees of JNVs should at least be at par with other Central Government employees.

10. The Committee, thereafter, sought clarifications from the representatives of the Ministry of Education (Department of School Education & Literacy) on various aspects relating to the representa\ion(s) requesting to cover the employees of Jawahar Navodaya Vidyalaya who joined their services before 1.1.2004 under the Central Civil Services (Pension) Rules, 1972, as under:-

(i) In February, 2020, the then Minister of Education had sent a letter to the Finance Minister in regard to implementation of Pension Scheme for consideration of the Department of Expenditure, Ministry of Finance. In response thereto, the Department of Expenditure, in July, 2020, had sought certain clarifications regarding various observations made by them. However, the replies are yet to be forwarded by the Ministry of Education (Department of School Education & Literacy). What are the compelling reason(s) that the Ministry is yet to arrive al a conclusion to resolve the issue?

(ii) Notwithstanding the fact that the registration of Navodaya Vidyalaya Samiti as an Autonomous Body has been done on 28.2.1986 which forms the basis for depriving the employees of the NVS of the benefits under the CCS (Pension) Scheme, whether any appointments have been made in the NVS between the period of 28.10.1985 (the date of sanctioning the initial instalment for establishment of 432 Modal Schools in the country) and 28.2.1986?

(iii) Although the Ministry of Education (Department of School Education & Literacy) had approved the third option among the three options for annuity based Pension Schemes, i.e., monthly pension of 50% of basic pay last drawn, the Department of Expenditure had not sanctioned the same. In such a situation, whether any correspondence has been made by the Department of School Education & Literacy to the Department of Expenditure lo resolve the issue and whether there is any possibility for implementation of the same?

(iv) The Central Government has given an opportunity to those employees who were appointed before January 1, 2004 but joined service on or after January 1, 2004 to get themselves covered under the Central Civil Services (Pension) Rules, 1972 instead of the NPS (New Pension System) thereby giving relief to several Central Government employees, who approached the Courts in order to get themselves covered under the CCS (Pension) Rules, 1972. In this backdrop, whether the Ministry of Education (Department of School Education & Literacy) is contemplating on taking any concrete step to provide relief to the affected employees of the NVS?

11. In response thereto, the representatives of the Ministry of Education (Department of School Education & Literacy), thereafter, put forth their comments/views, as under:-

(i) As regards the Department of School Education & Literacy, it is clarified that there is no objection to the demands of the representationists in the instant case.

(ii) The Department have undergone a detailed examination in the matter and found that the Department concerned has referred for implementation of CCS Pension Scheme in the year 1989 itself.

(iii) There are several Government organisations/institutions, viz., Prasar Bharati, NHRC and other organisations related to Space and Atomic Energy which came into existence since 1992 and have been covered under the CCS (Pension) Scheme, 1972.

12. In order to have a holistic view on the issue of covering the employees of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya (erstwhile Model School) who joined their services before 1 January, 2004 under the Central Civil Services (Pension) Rules, 1972, a detailed List of Points were drawn up and forwarded to the Ministry of Education (Department of School Education & Literacy) as well as the Ministry of Finance (Department of Expenditure) for furnishing their written replies in the matter.

13. On being enquired by the Committee as to whether it is a fact that CCS (Pension) Scheme, 1972 was not sanctioned for the NVS employees who joined prior to 1 January 2004 on the grounds of delayed registration of NVS Society, i.e., on 28 February, 1986, thereby ignoring the facts that the Navodaya Scheme has been implemented and the JNV Schools/ Model Schools were sanctioned along with the release of requisite funds on 28 October 1985, the Ministry of Education (Department of School Education & Literacy), in a written reply, submitted:-

”The Cabinet accorded approval for establishment of 432 Model Schools (later renamed as Jawahar Navodaya Vidyalayas), one in each District of the country, on 5.8. 1985. The Cabinet approval also included setting up of an Autonomous Organization to manage these Schools. Subsequently, it was decided to open two Model Schools – one at Amravati in Maharashtra and one at Jhajjar in Haryana – in 1985 itself. Since the Autonomous Body (AB) for managing and running these schools was yet to be established, NCERT was assigned the task of starting these two Schools in 1985-86. The first instalment of the grant amounting to Rs. 22. 50 lakh was released to NCERT, vide sanction dated 28.10.1985.

Navodaya Vidyalaya Samit! (NVS) as Society, established under the Societies Registration Act 1860, was registered on 28. 02.1986 for administering these Schools.

Department of Pension & Pensioners’ Welfare vide their Office Memorandum No. 411187 PIC-1 dated 1.5.1987 had conveyed that all CPF beneficiaries, who were in service on 01.01.1986 and who are still in service on the date of issue of these orders will be deemed to have come over to the Pension Scheme, unless they specifically opt out to continue under the CPF Scheme.

Department of Expenditure (DoE), Ministry of Finance (MoF) has not supported the proposal for introduction of CCS (Pension) Scheme, 1972 to the employees of NVS who joined prior to 1. 1.2004 on the ground, inter alia, that NVS as a Society was registered on 28.2.1986.”

14. The representatives of the Ministry of Finance (Department of Expenditure) had further submitted before the Committee, as under:-

“The Office Memorandum dated 01.05.1987 (Annexure-11) of the Department of Pension & Pensioners’ Welfare (DoP&PW) provided for exercising the option to switch over to the GPF cum Pension scheme for the CPF beneficiaries subject to the undemoted pre-requisites:

(i) they must be Central Government employees;

(ii) they must be in service on 01.01.1986; and

(iii) they must be CPF beneficiaries as on 01.01.1986.

Considering the first pre-requisites, it is stated that employees of NVS are not Central Government employees and thus, the Office Memorandum dated 01.05. 1987 is not directly applicable to them as the Office Memorandum dated 01.05.1987 issued by DoP&PW was issued only for the employees of Central Government. It is also noted that the Office Memorandum dated 01.05.1987 was issued on the recommendation of the 4th Central Pay Commission which is for Central Government employees only. The Terms of Reference of the Pay Commission do not include the Central Autonomous Bodies. As regards the cut-off date of the OM dated 01.05.1987 is concerned, all the employees who were to be given the option to switch over to the GPF-cum-pension scheme required to be in service and CPF beneficiaries as on 01.01.1986. However, it may be seen from above, that NVS came in existence on 28.02.1986 and there were no regular appointments as on 01.01.1986. In fact, as ascertained from the Draft Cabinet Note of Ministry of Human Resource Development, the direct recruitment! permanent absorption in the NVS started from the year 1989 onwards. Also, the last date for exercising the option was 30.09.1987, which was never extended or altered in case of Central Government employees.

Therefore, the proposal of NVS seeking CCS (Pension) Rules, 1972 for the pre – 2004 employees on the ground of Office Memorandum dated 01.05.1987 by way of granting option to switch over from CPF to GPF could not be agreed to.”

15. The Committee, thereafter, specifically desired to know as to whether it is a fact that the Model Schools established under the Navodaya Scheme were later on rechristened as Jawahar Navodaya Vidyalaya. The Ministry of Education (Department of School Education & Literacy), in a written reply, submitted:-

“In the year 1986, the Model Schools were rechristened as Navodaya Vidyalaya with the approval of Government, as conveyed by the PMO vide ID Note dated 25.4.1986 (Annexure-III). Thereafter, Navodaya Vidyalaya renamed as Jawahar Navodaya Vidyalaya (JNV) in 1989.”

16. To a specific query by the Committee as to whether it is also a fact that the first two Schools under the Scheme ibid were set up at Amravati (Maharashtra) and Jhajjar (Haryana) on 28 October 1985, the Ministry of Education (Department of School Education & Literacy) , in a written reply, submitted:-

“The Cabinet had accorded approval for establishment of Model Schools(later renamed as Jawahar Navodaya Vidyalayas) on 05.08.1985. The Cabinet approval also envisaged setting up of an Autonomous Body (AB) to manage these Schools. Since the AB to manage and run the Model Schools was yet to come into existence, the National Council of Educational Research and Training (NCERT) was given the responsibility of starting and running the two Schools. As soon as the AB for the Model schools was set up, all work relating to Model schools were transferred to it. The first instalment was also released to NCERT vide sanction dated 28. 10.1985, details of which are placed at Annexure-IV. The said two Model schools (later renamed as Jawahar Navodaya Vidyalayas) are still running on fully functional basis.”

17. The Committee, thereafter, desired to know as to whether the Ministry of Education ( erstwhile Ministry of Human Resource Development) created various posts to run the aforementioned two Schools, i.e., at Amravati (Maharashtra) and Jhajjar (Haryana) on 28 October 1985. The Ministry of Education (Department of School Education & Literacy), in a written reply submitted:-

“Approval for creation of the posts required for these two Schools was given by Ministry of Education (erstwhile Ministry of Human resource development) on 28. 10.1985 to manage and run the Model schools (later renamed Jawahar Navodaya Vidyalayas). Total 11 posts for each Model School (JNV) were created as per the details given below:-

SI. No.	Posts	No(s).
1	Principal	1
2	Trained Graduate Teacher	4
3	Physical Education Teacher	1
4	Art & Craft Teacher	1
5	Librarian	1
6	UDC	1
7	Staff Nurse	1
8	Chowkidar	1

18. The Committee further sought clarification from the Ministry of Education (Department of School Education & Literacy) to furnish the details of employees who were appointed in Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya (erstwhile model School) on direct recruitment basis prior to 1 January 1986. The Ministry, in a written reply, submitted:-

“NVS has informed that the following 2 employees were appointed in Navodaya Vidyalaya Samiti/ Jawahar Navodaya Vidyalaya (erstwhile Model School) on direct recruitment basis prior to 1 January 1986:-

SI. No.	Name	Post advertised on	Recruitment process commenced on	Date of appointment
1.	Shri Sube Singh Sharma, UDC	10.12.1985	Interview was held on 11.12.1985	11.12.1985 (Order date) & 13.12.1985 (Joining date)
2.	Shri Kishan, Chowkidar	—	Interview was held on 11.12.1985	11.12.1985 (Order date) & 13.12.1985 (Joining date)

19. On being specifically enquired by the Committee as to whether it is a fact that at the time of issue of Office Memorandum dated 1 May 1987 by the Department of Pension & Pensioners’ Welfare, the Government has neither extended the CCS Pension nor CPF Pension Schemes to the NVS employee, the Ministry of Education (Department of School Education & Literacy), in a written reply, submitted:-

“Department of Pension & Pensioners’ Welfare vide their Office Memorandum No. 411187 PIC-1 dated 1.5.1987 had conveyed that all CPF beneficiaries, who were in service on 01.01.1986 and who are still in service on the date of issue of these orders will be deemed to have come over to the Pension Scheme, unless they specifically opt-out to continue under the CPF Scheme.

It has been informed by NVS that the Executive Committee of NVS, in its meeting held on 15.5.1987, approved the grant of CPF to the employees of NVS who had completed one year of service in the Organisation. Later on, in 1991, the Government of India notified the CPF Scheme to the employees of NVS, vide notification dated 11.11.1991 and the same was implemented by NVS retrospectively w.e.f. 1.4.1988 with the approval of their Executive Committee (Annexure-V).

As regards the applicability of DoP&PW’s Office Memorandum dated 01.05.1987 to the employees of NVS, it is informed that Ministry of Finance, in their comments dated 28.5.2013 on a Draft Cabinet Note mooted by this Ministry for introduction of CCS Pension Rules to NVS employees inter-alia stated that it was meant for Central Government employees and that it was not automatically applicable to the employees of autonomous bodies. Para 7.2 of the said Office Memorandum states that “Administrative Ministries administering any of the Contributory Provident Fund Rules, other than Contributory Provident Fund Rules (India), 1962 are also advised to issue similar orders in respect of CPF beneficiaries covered by those rules in consultation with the Department of Pension & Pensioner’s Welfare.” As such the provisions of aforesaid Office Memorandum were not directly applicable to the employees of NVS.

Subsequently, Department of Pension and Pensioners’ Welfare (DoP&PW) vide Office Memorandum dated 23.06.2021, on applicability of DoP&PW’s Office Memorandum dated 1.5.1987, clarified that the rules and instructions issued by their Department are applicable to the civil employees under the Central Government, and are not automatically applicable to the autonomous bodies under the Central Government. They have further advised to take up the matter with Ministry of Finance (Department of Expenditure) for considering the proposal for extending the benefit of CCS (Pension) Scheme to employees of NVS joined prior to 1.1.2004.”

20. On this aspect, the representatives of the Ministry of Finance (Department of Expenditure) had further submitted before the Committee, as under:-

”The CCS (Pension) Rules were not applicable to the employees of NVS in terms of Office Memorandum dated 01.05.1987 of the Department of Pension and Pensioners’ Welfare (DoP&PW).

Further, in line with the Service Conditions framed in respect of the terminal benefits to the employees of NVS, which provided for non-availability of pension to the employees of NVS, they were granted Contributory Provident Fund benefits in terms of Ministry of Finance, Department of Expenditure Notification No.4(1)/EV/90(i) dated 11.11.1991 (Annexure-VI) under the Provident Funds Act, 1925, which at that time was administered by the Department of Expenditure (now administered by Ministry of Labour and Employment). Consequently, NVS adopted “Navodaya Vidyalaya Samiti Contributory Provident Fund, 1988″ w.e.f. 01.04.1988 in terms of their Notification dated 20.12.1991 (Annexure-VII)”

21. When asked by the Committee as to whether it is a fact that in the year 1991, the Government of India extended the CPF scheme to the NVS retrospectively, w.e. f., 01.04.1988, thereby, ignoring the fact that the employees started joining the organization on direct recruitment basis since 13 December 1985 and the applicability of pension was also mentioned in their ‘Offer of Appointment’, the Ministry of Education (Department of School Education & Literacy), in a written reply submitted:-

“In 1991, Government of India notified the CPF Scheme to the employees of NVS vide notification dated 11.11.1991 and the same was implemented by NVS retrospectively, w.e.f. 1.4.1988 with the approval of their Executive Committee.

It may be noted that Executive Committee of NVS in its meeting held on 15.5. 1987 has already approved, on their own, the grant of CPF to the employees of NVS who completed one year of service in the Organisation, well before the Government of India notification dated 11.11.1991.”

22. Pursuant to the above query made by the Committee, the Ministry of Finance (Department of Expenditure), in a written reply, further submitted, as under:-

“Based on the extracts of the Draft Cabinet Notes/Background Notes forwarded to this Department from time to time, it has been ascertained that Jawahar Navodaya Vidyalaya (JNV) was established as a Central Sector Scheme which commenced in 1986-87 (except two model schools established on 28.10.1985), pursuant to the National Policy of Education, 1986. However, the responsibility of starling and running of these two model schools was under the NCERT. The Jawahar Navodaya Vidyalaya Scheme was implemented through a registered autonomous society called the Navodaya Vidyalaya Samiti (NVS) which was established on 28.02.1986. NVS is funded by the Central Government and service rules applicable to the Central Government employees generally apply to the NVS employees with some exceptions like non-availability of pension to the NVS employees.

The appointment in 2 Model Schools established in 1985 was made on deputation basis and thereafter the direct recruitment/permanent absorption in the NVS started from the year 1989 onwards.

In line with the Service Conditions framed in respect of the terminal benefits to the employees of NVS, the employees of NVS were granted Contributory Provident Fund benefits in terms of Ministry of Finance, Department of Expenditure Notification No.4(1)/EV/90(1) dated 11.11.1991 under the Provident Funds Act, 1925, which at that time was administered by the Department of Expenditure. Consequently, NVS adopted ‘Navodaya Vidyalaya Samiti Contributory Provident Fund, 1988’ w.e.f. 01.04.1988 in terms of their Notification dated 20.12.1991.”

23. The Committee then desired to know as to whether it is a fact that while introducing the CPF scheme in the NVS, no option was sought from the then employees. The Ministry of Education (Department of School Education & Literacy), in a written submitted:-

“Since Executive Committee of NVS in its meeting held on 15.5.1987 had approved the grant of CPF for their employees, it was the sole responsibility of the NVS to exercise option to opt CPF or otherwise by their employees.”

24. Pursuant to the above query made by the Committee, the Ministry of Finance (Department of Expenditure), in a written reply, further submitted, as under:-

“This Department had introduced the CPF Scheme for the NVS employees vide Notification dated 11.11.1991. Based on the notification of this Department, NVS formulated and adopted ‘Navodaya Vidyalaya Samit! Contributory Provident Fund, 1988’ w.e.f. 01.04.1988.

The policy of Central Government has been not to encourage GPF cum Pension scheme in the autonomous bodies on the pattern of central government due to the financial and administrative reasons. Moreover, since the Office Memorandum dated 01.05.1987 was not applicable to the employees of autonomous bodies including the NVS, the switchover option benefit could not be extended to them.”

25. The Committee, thereafter, desired to know as to whether it is a fact that various Autonomous Bodies/Organisations which came into existence after the establishment of NVS have been extended the facility of CCS (Pension) Scheme, 1972. The Ministry Education (Department of School Education & Literacy), in a written reply, submitted:-

“The details of Autonomous Bodies/Organisations which came into existence after the establishment of NVS/1 January 1986, which have been extended the facility of CCS (Pension) Scheme, 1972 are not readily available with this Department. However, the details thereof as provided by NVS, are as under:-

Sl. No.	Name of the Organisations	Date of establishment	Date of extension of CCS (Pension) Scheme, 1972
1.	National Institute of Open Schooling (NIOS )	03. 11.1989	—
2.	Inter-university consortium for department of Atomic Energy Facility l/ UC-DAEF)	1990	10.07.2009
3.	Inter University Centre for Astronomy and Astra Physics (IUCAA)	1990	10.07.2009
4.	Information and Libra1y Network Centre /NFL/BNET)	March, 1991	—
5.	Nuclear Science Centre{ NSC)	09.01. 1992	10.07.2009
6.	Consortium for Educational Communication (CEC)	1993	—
7.	National Human Right Commission {NHRC)	1993	—
8.	National Assessment and Accreditation Council ‘NAAC)	1994	10.07.2009
9.	Prasar Bharti	November, 1997	—
10	Maulana Azad National Urdu University, Hyderabad	1998	—

‘The terms and conditions on which the Scheme has been extended lo the said organisations is not known.

26. On this matter, the Ministry of Finance (Department of Expenditure), in a written reply, further submitted that:-

“This Department has not agreed to the proposal of extending the benefit of Pension Scheme in any of the autonomous bodies, unless there were express Court Judgments to this effect. A detailed list regarding the Institutes/Autonomous Organizations where benefit of Old Pension Scheme has been extended by various Court Orders has been placed at Annexure-VIII.

As far as the list of Institutes given in the table, this Department is not aware about the status of implementation of Old Pension Scheme in the Institutes, except in the NHRC, an autonomous institution under MHA, wherein Pension was extended as the service condition of the employees of NHRC (out of which 75 were absorbed from Government department already having GPF cum pension) provided so. After, issuance of orders dated 16.03.2000 (Annexure-IX), Pension Scheme has not been agreed to by this Department.”

27. The Committee further desired to know as to whether it is a fact that the Ministry of Education (erstwhile Ministry of Human Resource Development), at the highest level, approved the proposal of covering the employees of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya ( erstwhile Model School) who joined their services before 1 January, 2004 under the Central Civil Services (Pension) Rules, 1972. The Committee also desired to know as to whether the Ministry of Finance (Department of Expenditure) had raised certain objections from time to time as a result of which the said proposal could not be implemented. In response, the Ministry of Education (Department of School Education & Literacy), in a written reply, submitted:-

“Ministry of Education recommended the proposal of covering the employees of Navodaya Vidyalaya Samiti/ Jawahar Navodaya Vidyalaya (erstwhile Model School) who joined their services before 1 January, 2004 under the Central Civil Services (Pension) Rules, 1972 and the same has been taken up on several occasions with Department of Expenditure, Ministry of Finance for their consideration, the details of which are as follows:-

Sl. No.	Date of approving and forwarding the relevant proposal by the Ministry of Education to be Ministry of Finance (Department of Expenditure)	Grounds on which the relevant proposal was not approved by the Ministry of Finance (MoF) (Department of Expenditure (DoE))	Date of not accepting or sending the requisite proposal back to Ministry o Education by the Ministry of Finance (Department of Expenditure)
1	1989	MoF did not agree on the ground that the question o introduction of a Pension Scheme in Public Sector, Undertakings is under consideration of the Government and hence the Department is not in a position to give concurrence to introduction of Pension Scheme in the Samiti.	1989
2	1990	MoF informed that keeping in view the likely repercussions of the decision to bring employees of NW under the Pension Scheme, the proposal may not be agreed on balance of convenience.	1990
3	1992	MoF,·in 1992, did not support on the ground that in the context of the resource crunch and the efforts of the Government to maintain the budgetary deficit within the desired limits, status quo should be maintained.	1992
4	The case was again taken up by the then Human Resource Development Minister and Chairman, NVS with Minister of Finance on 11 December, 1998.	The then Hon’ble Finance Minister vide D.O. No. 25(3)/EV/96 dated 05-02-1999 stated that the Ministry of Finance had not agreed to the proposals for introduction of Pension Scheme on GoI pattern for the employees of the autonomous bodies for certain reasons. The reasons given by the then Finance Minister, in his letter dated 5.2. 1999, for rejecting the proposal were inter alia as under:- a)   The cost of introduction of Pension Scheme is much higher in comparison with the CPF Scheme. b)  A pension fund is required to be set up and difficulties may be experienced in judicious administration of the fund. c)   In case the organization is wound up for one reason 01 the other, the Government may have to take over the entire liability for pension d)  In case the proposal regarding introduction of Pension Scheme on Gal pattern for the employees of NVS is agreed to, there would be similar demands from othe1 autonomous bodies receiving grants-in-aid from the Government which may be difficult to resist. e)    CPF is one time settlement; pension is a lifelong commitment not only in respect of the pensioner but his family also.	5.2.1999
5	2006	DoE did not support the proposal (in draft Cabinet Note) to introduce a Pension Scheme as per CCS (Pension) Rules, 1972 in Navodaya Vidyalaya Samiti (NVS) on the following grounds:- a) General Financial Rules only provide that terms and conditions of service of the employees of autonomous bodies should not be higher than those applicable to similarly categories of employees in Central Government. Further, the Rule 209(6)(iv)(b) of GFRs, 2005 provide that these institutions should be encouraged to take advantage of the pension/ gratuity schemes available in the market for employees instead of undertaking liability on their own or government account. b)   While it is true that a large number of Teachers have quit NVS prematurely, however, the figures reveal that c significantly higher number of Teachers had left NVS in 2005 (278 Teachers) and in 2004 (178 Teachers) vis-a-vii 2003 (140 Teachers). From 1.1.2004, the New Pension Scheme had taken effect in the Central Government. As such, the employees quilting NVS could not have got pension under the CCS (Pension) Rules, 1972 in an, other organization that they joined after quitting NVS. It is, therefore, very clear that absence of a pension scheme is not the main reason for the large exodus of teachers from NVS. c)    The cost of introduction of pension scheme is much higher than the CPF Scheme. While CPF is a one-time settlement, pension is a life-long commitment not only in respect of the pensioner but his family also. The liability on account of pension keeps on increasing with ever increase/revision in pay/pensionary benefits. As most o the autonomous bodies are fully funded through grants-in-aid received from the Government, Government’s liability will increase to that extent if pension scheme is introduced. d) Any cut-off date for pension scheme is not likely to be acceptable to the employees.	29.8.2006
6	3.4.2013	MoF again did not support the proposal (in draft Cabine Note) on following grounds:- a) The Cabinet has already approved MHRD’s proposal for (1) introduction of NPS to all regular employees joining NVS after the date of notification and (ii) giving an option to the regular employees of NVS as on the date o notification of NPS to continue with the existing CPF scheme or to join the NPS. b) As a matter of policy the Government of India has moved away from the ‘Defined Benefit’ Pension Scheme to the ‘Defined Contributory’ Pension Scheme. c) In draft for cabinet note, it has been stated that two Navodaya Vidyalayas were opened at Amravati am Jhajjar during 1985-86 which is not correct. In fact, two model schools, one at Amravati and the other at Jhajjar, were opened, and since the autonomous body to manage and run the Model Schools was yet to come into existence, the NCERT, was given the responsibility o starting and running these two schools. The NVS as a society, established under the Societies Registration Act, 1860 was registered on 28.2.1986. d) Further, initially the appointments were made in NV~ on deputation basis only. Direct recruitment! permanent absorption started taking place from the year 1981 onwards. It is, therefore, clear that the employees of the NVS were not in service on 1 January 1986, which was considered the crucial date of 4″ Pay Commission’s recommendations for extension of pension-cum-GPF scheme of the Government of India to the employees covered under Contributory Provident Fund Rules. e) As regards the applicability of DoP&PW’s Office Memorandum dated 01.05.1987 to the employees o NVS, it is stated that it was meant for Central Government employees, and it was not automatically applicable to the employees of autonomous bodies. Para 7. 2 of the said Office Memorandum states that “Administrative Ministries administering any of the Contributory Provident Fund Rules, other than Contributory Provident Fund Rules ‘India), 1962 are also advised to issue similar orders in respect of CPF beneficiaries covered by those rules in consultation with the Department of Pension & Pensioner’s Welfare.” As such the provisions of aforesaid Office Memorandum were not directly applicable to the employees of NVS: f) As regards the point that the Pension Scheme has been implemented for /he employees of certain organization such as /IT Kanpur, /IT Bombay, /IT Kharagpur, II Roorkee, CS/R, UC, etc., set up almost al the same time or after /he establishment of NVS, it is stated /hat Department of Expenditure is not aware of the circumstances under which /he CCS (Pension) Rules in these aforesaid Organisations has been made applicable. As regard Nehru Yuva Kendra, it is intimated that CCS (Pension) Scheme has been partially implemented for the employees of NYKs on the directions of Courts through various judgments.	28.5.2013
7	19.7.2013	The Department of Expenditure (DoE) communicated that they have consistently not been agreeing to introduction of the conventional pension scheme for employees of autonomous bodies in  various Ministries/ Departments, and has been advising /ho autonomous bodies to work out a suitable annuity scheme, or to move over to the NPS for pre-2004 employees, without any liability on Government of Indio. The cost of introducing a pension scheme based on a ‘defined benefit’ model with an open ended liability on the part of Government to meet periodic upward revisions does not appear viable. To that extent, it would no/ be possible for us to, support the Proposal to set up a Pension Fund is envisaged in tl1e DCN, with part funding from the Government by way of Grants-in-Aid. Agreeing to any such proposal in the case of Navoday Vidyalaya Sangathan, would load lo similar demands Iron other autonomous bodies also.	18.10.2013
8	In light of the consistent stand of Ministry of Finance against implementing CCS Pension Scheme to NVS employees, this Ministry decided to explore t11e other option available i.e., an annually based alternative pension scheme. Accordingly, a proposal for annuity based -alternative pension scheme through LIC i.e., monthly pension of 50% of last basic pay drawn without features of Dearness Relief (DR) and Family Pension was taken up with DoE on 4.3.2019.	DoE communicated that ii would not be possible I< support any such proposal for annuity schema with pm funding from the Government of Ind/a by way of Grants-in aid and suggested that pension fund may be set up in such a way that there is no Government support	8.8.2019

28. On this matter, the Ministry of Finance (Department of Expenditure), in a written reply, further submitted that:-

“Ministry of Education (erstwhile Ministry of Human Resource Development (MHRD) had been sending proposal with their recommendation to favorably considering the CCS (Pension) Rules, 1972 for the pre-2004 employees of NVS up to 2013 which could not be agreed to due to policy constraints. However, in line with the suggestion of this Department, Ministry of Education had been formulating annuity based pension scheme in consult ation with the Life Insurance Corporation. However, the proposal formulated so far could not be agreed to on the grounds of budget ary support from Government. ·

Recently, in December 2021, this Department received another proposal, again seeking the long settled issue of introduction of CCS (Pension) Scheme, 1972 for pre-2004 employees of the NVS, which is under consideration in this Department. The proposal received earlier could not be agreed to by this Department due to policy constraints. The grounds based on the information available in file(s) of Department of Expenditure (DoE) and extracts of DCNs of Ministry of Education is noted as under:-

(i) The first proposal in this regard was moved in July 1989 in the wake of Office Memorandum dated 01.05. 1987 of the DoP&PW. However, the proposal was rejected by this Department intimating that issue of introduction of pension in PSUs is under consideration of the Government of India and hence this Depart ment is not in position to give concurrence to introduction of pension scheme in the NVS.

(ii) MHRD again took up the matter in February 1990 and DoE in Feb 1990 rejected the proposal on the grounds of balance of convenience.

(iii) Ministry of Education made another attempt in July 1992, however, this Department denied the proposal on the ground of resource crunch and efforts being made by the Government to maintain the budgetary deficit within the desired limit.

(iv) The information as available in the files of this Department is noted as under:-

Sl.No.	Date of approving and forwarding the relevant proposal by the Ministry of Education to the Ministry of Finance (Department of Expenditure)	Ground on which the relevant proposal was not approved by the Ministry of Finance	Date of not accepting or sending the requisite proposal back to Ministry of Education by Ministry of Finance (Department of Expenditure)
1.	December, 1998 DO letter of HRD Minister.	This Department expressed its inability to introduce pension scheme in NVS on Government of India pattern as it may lead lo similar demands from other autonomous bodies receiving grants-in-aid from the government and that would be difficult lo resist.	DO letter dated 05.02.1999
2.	Draft Note for Cabinet in July, 2006.		OM dated 29.08.2006
3.	Draft Note for CCEA in April, 2013.		OM dated 28.05.2013
4	DCN in July, 2013.		OM dated 18.10.2013

(v) Thereafter, a proposal was received for seeking approval for the annuity based pension scheme, which was replied vide ID Note dated 08.08.2019 (Annexure-X). Subsequently, a DO letter from Hon’ble Education Minister was received in February, 2020 which was replied vide OM dated 17.07.2020 (Annexure-XI) seeking certain clarification, the reply to which was not received in this Department.

(vi) Recently, in December, 2021, we have received a fresh proposal from Department of School Education & Literacy, Ministry of Education for introduction of CCS (Pension) Scheme in NVS. The proposal is currently under consideration.

29. The Committee, thereafter, desired to know as to whether the relevant proposal, as forwarded by the Ministry of Education, has not been approved by the Ministry of Finance (Department of Expenditure), primarily, on the grounds of hefty one-time expenditure lo be borne by the Government and if so, is it a sustainable ground to deny the accrued benefits to the employees of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya ( erstwhile Model School) in spite of the fact that employees of s’1milarly placed other autonomous bodies/ organizations have already been extended the benefit of this Scheme. The Ministry of Finance (Department of Expenditure), in a written reply, submitted:-

“The proposals forwarded by Ministry of Education could not be agreed to so far due to various reasons including the ground of huge difference in the cost of introduction of pension scheme vis-a-vis CPF scheme. The DO letter dated 16.03.2000 was issued by the Department of Expenditure, intimating all the Ministries/Departments that introduction of pension scheme for the employees of autonomous bodies is not agreed to as a rule and hence CPF scheme may be continued to be followed. This was because, while the CPF is a one-time settlement, pension is a fife-long commitment not only in respect of the pensioner but also his family. Further, the liability in respect of pension keeps rising with every pay commission/revision and revises in dearness relief.

Therefore, with the steep increase in the cost of pension, the policy of Government moved away from ‘defined benefit’ pension scheme to ‘defined contribution’ scheme wherein the liability of Government was limited to the contribution during service period of the employee as compared to the unlimited liability of servicing the pension scheme for the employee concerned and thereafter their dependents. The unsustainable pensionary liability on the Government of India was the basis of introduction of National pension System (NPS), a pension scheme with defined benefit concept, which was implemented w.e.f 01.01.2004 for the employees of the Central Government (except Armed Forces). In order to resolve the pension disparity . between the Central Government and autonomous bodies employees, NPS which was introduced for the central government employees has been extended to the employees of CABs as well, w.e.f 01.01.2004.”

30. On being specifically asked by the Committee that while considering extending the benefit of CCS (Pension) Scheme, 1972 to the employees of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya ( erstwhile Model School), the one-time expenditure could be met by way of utilizing the ‘Education Cess’, the Ministry of Finance (Department of Expenditure), in a written reply, submitted:-

“The ‘Education Cess’ levied on the Tax payers is earmarked for fulfilling the commitment of Government to provide and finance universalized quality basic, secondary and higher education. It is meant for mid-day meal programs, funding research activities, setting up government aided schools and colleges, providing low cost education loans, etc. To divert the fund collected under Education Cess to fund the undefined pension liabilities of a particular organization, may not be permissible.”

31. When categorically asked by the Committee as to whether the Ministry of Finance (Department of Expenditure) is now agreeable for retrospective application of CCS (Pension) Scheme, 1972 to the employees of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya ( erstwhile Model School), the Ministry of Finance (Department of Expenditure), in a written reply, submitted:-

“This Department has not been agreeing to the proposal for introduction of pension scheme as a matter of policy and case of NVS has never been treated in isolation. In fact, there are a large number of autonomous institutions, wherein pension scheme has not been agreed to by this Department. Making any exception in case of NVS is likely to open a long term settled issue from similarly placed serving as well as retired employees of the autonomous bodies, which as per an estimation of this Department is approximately 1 lakh (half serving half retired). The pensionary liability of this huge workforce is likely to have a huge dent on central exchequer and in this Covid affected economic scenario, this may not be in the fittest of things to consider this long settled issue favorably. Therefore, it is regretted that the proposal of NVS on the extant parameters may not be agreed to.”

32. On being asked to furnish the break-up of category-wise beneficiaries of CCS (Pension) Scheme, 1972 in relation to NVS/JNV (erstwhile Model Schools) as to how many employees have already retired on attaining the age of superannuation/demised and how many retired employees are alive, till date, the Ministry of Education (Department of School Education & Literacy), in a written reply, submitted:-

“As per information received from NVS, the information as on 31.03.2021 is as under:-

No. of employees of NVS who joined prior to 01.01.2004 and are still in se1Vice.	9647
No. of eligible employees who retired/resigned from NVS after rendering more than 9 years and 9 months of se1Vice {Eligibility Condition for CCS (Pension) Rules, 1972)	2611
No. of eligible employees who expired after rendering more than 7 years of service in the Samiti (Eligibility Condition for CCS (Pension) Rules, 1972)	525
Total No. of employees eligible for CCS (Pension) Rules, 1972	12783

33. The Committee, then enquired as to whether any other information germane to the representations which the Ministry of Finance (Department of Expenditure) and the Ministry of Education (Department of School Education & Literacy) would like to submit before the Committee, the Ministry of Education (Department of School Education & Literacy), in a written reply, submitted:-

“The main grounds in brief for recommending CCS Pension Rules, 1972 to the employees of NVS who joined prior to 1.1.2004 are as follows:-

a) The Scheme of Navod aya Vidyalayas (then Model Residential Schools) was already approved by the Union Cabinet and is in existence since August 1985, well before the cut-off date of 01.01.1986 to be eligible for the GPF­ cum-Pension Scheme. Date of registration of the NVS Society (28.02.1986) seems only a technical formality.

b) Cut-off date of 01.01.1986 is the outer limit for getting the benefit of an option to remain under the CPF Pension Scheme. After 01.01.1986, it is only logical that one would have to come under CCS pension Rules and would no longer have an option to be under the CPF Pension Scheme..

c) Alternative mode of Pension under EPF (Employee Provident Fund) and formulation of an annuity based scheme with Life Insurance Company has been explored in detail but found not feasible without Government support.

d) The scope of the proposal would only be limited to those NVS employees who were in service prior to 01.01.2004, numbering 9647 (who are in service as on 31.3.2021), with 93% retiring over the next 15 years and given expected average life expectancy, financial liability would come down over the years; in other words, the proposal is not open-ended as financial requirement would peak at around the year 2029-30 and start declining after that.

d) NVS already has Rs. 1104 crores (as on 31.3.2021) as Management share with interest, which would be returned to Government; besides there would be a saving of Rs. 110 crores annually being Government contribution toward management share. With this amount, fund requirement under CCS pension for NVS employees can be covered for at least about 8 to 10 years without any additional expenditure of Government of India.

e) The Cabinet note itself has acknowledged the special working conditions of the employees working in residential schools located in rural and remote areas. Several Hon’ble Parliamentary Committees have also supported and recommended this proposal.

f) Several Autonomous Bodies of various Ministries which were established after the Navodaya Vidyalaya Samit! are also covered under the CCS Pension Rules, 1972.

34. On the above query made by the Committee, the Ministry of Finance (Department of Expenditure), in a written reply, further submitted:-

“Government of India had not been in the favour of introduction of CCS (Pension) Scheme in the Central Autonomous Bodies due the open ended liability it has on the Central exchequer. This notion firmed up with the rising cost of pension, increasing life expectancy, and higher recruitments in Central and quasi Government bodies. A few anomalies/exceptions could be found on the part of Ministry of Finance, but it was because there were no consolidated policy guidelines in this regard.

However, with the directives of DO letter dated 16.03.2000, the policy stand of Government became clear with regard to treatment of pension scheme in autonomous bodies. This was the time when NPS was being formulated for Central Government employees.

Drawing parity among pre-2004 employees of Central Government and autonomous bodies may not be appropriate as the service conditions, recruitment rules and nature of duties performed by both categories of employees may not be equated In fact, the employees of autonomous bodies are not central government employees. The autonomous bodies are administered by their own set of Regulations/Bye Laws, which varied from one autonomous body to another.

With an intent to control financial outgo and bring clarity on the administrative expense of the institutions surviving on grants in aid, Rule 230(12)(ii) of GFP, 2017 [earlier Rule 209(6)(iv)(b) of GFR, 2005) provides that grantee institutions should be encouraged to avail market based facilities in respect of Gratuity, pension, group insurance, housing or vehicle advance instead of undertaking liability on their own or Government (Annexure-X /I).

To conclude, the policy with regard to the pension in central government or autonomous bodies has already attained a firm shape and demand for pension is a settled issue now, Perhaps, in line with the advice of this Department, NVS had been formulating annuity based pension scheme for its employees in consultation with the UC, since 2013, however, the same couldn’t be materialized so far because of requirement of government budgetary support, which is once again against the policy.”

35. On the matter, the Committee took oral evidence of the representatives of the Ministry of Finance (Department of Expenditure) and the Ministry of Education (Department of School Education & Literacy) during their sitting held on 05.04.2022.

36. During the oral evidence, the Committee while recollecting the discussion held with the representatives of the Ministry of Education (Department of School Education & Literacy) on the subject during their sitting held on 13.12.2021, sought clarifications on the following aspects:-

(i) The Government of India provided for exercising the option to switch over from Contributory Provident Fund Scheme to Group Provident Fund-cum­ Pension Scheme under the Central Civil Services (Pension) Rules, 1972 in respect of the Central Government employees who were in service as on 01.01.1986. However, in the opinion of the Ministries, since the Navodaya Vidya/aya Samiti (NVS) came into existence only on 28.02.1986, their employees can be made eligible for the Pension Scheme. As a matter of fact, at least ten Institutions, namely, the National Institute of Open Schooling, National Human Right Commission, Nuclear Science Centre, Prasar Bharti, Maulana Azad National Urdu University, etc., had been established after 01.01.1986 and even then, they have been extended the facility of CCS (Pension) Scheme, 1972. While drawing a parallel between these Institutions vis-a-vis NVS, a moot question arises as to why similar Pension Scheme has not been extended to NVS?

(ii) As per information furnished by the Ministry of Education (Department of Education and Literacy), the total number of NVS employees eligible for CCS (Pension) Rules, 1972 is 12,783, which is a meager number vis-a-vis the Central Government employees. In view of this, the Committee do not see and functional problem for extending the benefits of Pension Scheme to the NVS employees which appears to be their legitimate right. Both the Ministries should clarify their position on this matter.

(iii) As per the averments made by the Ministry of Finance, if the Pension Scheme is extended to the NVS employees, it would put extra burden on the exchequer and hence, the Scheme cannot be implemented.

37. In response thereof, the major points put forth by the representatives of Ministries of Finance (Department of Expenditure) and Education (Department of School Education & Literacy) before the Committee, were as under:-

(i) The Orders issued by the Government of India are not directly and automatically applicable to the Autonomous Bodies. The Order dated 01.05.1987 issued by the Government was though strictly applicable for the Central Government employees to switch over from the Contributory Pension Fund scheme to the General Provident Fund Scheme, various Ministries adopted the same and implemented in the Autonomous Bodies under their administrative control. However, the said Order were not made applicable to the employees of NVS as there were three requirements which are required to be fulfilled by the employees, as under:-

(a) they must be Central Government employees;
(b) they must be in service on 01.01.1986; and
(c) they must be CPF beneficiaries as on 01.01.1986.

(ii) There are as many as 680 Autonomous Bodies under the administrative control of the Government.of India. Out of these, in 168 Bodies/Entities, NPS is applicable whereas, out of remaining 512 Bodies/Entities, in only 188, GPF Scheme is applicable and the rest 324 Autonomous Bodies do not have GPF Scheme. NVS is one such Autonomous Body.

(iii) If the superannuated and working employees of the 324 Autonomous Bodies are extended the benefits of Pension Scheme, the financial burden on the exchequer would be approximately Rs.82,000 crore. As a matter of fact, these left out Autonomous Bodies have been submitting their representations for extension of GPF-cum-Pension Scheme.

(iv) The Ministry of Finance do not see the case of NVS in isolation and as a matter of fact, such issues have to be considered on the basis of extant Rule(s) and principles, besides financial implications on the exchequer.

(v) Various Institutions/Autonomous Bodies which have been extended the benefits of GPF-cum-Pension Scheme are based on judgments/orders by the Courts.

(vi) The Ministry of Finance can work out on an alternative workable mode of Pension which would not be imitative of Old Pension Scheme such as the annuity based scheme with the support of Life Insurance Corporation of India.

38. Pursuant to the oral evidence of the representatives of Ministries of Finance (Department of Expenditure) and Education (Department of School Education & Literacy) on 05.04.2020, the urged the Ministry of Finance (Department of Expenditure) to furnish their final version in the matter. The Ministry of Finance (Department of Expenditure) vide their communication dated 18.04.2002, submitted:-

“Jawahar Navodaya Vidyalaya (JNVs) were established as a Central Sector Scheme which commenced in 1986-87 (except two model schools established on 28. 10.1985), pursuant to the National Policy of Education, 1986. However, the responsibility of starting and running of these two model schools was under NCERT. Navodaya Vidyalaya Samit! (NVS) is an autonomous organization under Mio Education, which was established in February 1986. As mentioned in the DCN of the MoE, the appointments in Jawahar Navodaya Vidyalaya (JNVs) were made on deputation basis and the direct recruitment and permanent absorption of employees were started since the year 1989. Its employees are on “Navodaya Vidyalaya Samiti Contributory Provident Fund, 1988” w.e.f. 01.04.1988 notified on 20.12.1991 in terms of notification dated 11.11.1991 of Ministry of Finance, Department of Expenditure.

Based on the recommendations of the 4th CPC, Department of Pension and Pensioners’ Welfare (DoP&PW) Office Memorandum dated 01.05.1987 issued orders strictly applicable for the Central Government employees to switch from CPF to GPF scheme. As such, like any other autonomous body, the provisions OM dated . 01.05.1987 of the DoP&PW was not applicable to the employees of NVS as under the said order there were three pre-requisites to be fulfilled by the employees:-

(i) they must be Central Government employees;
(ii) they must be in service on 01.01.1986; and
(iii) they must be CPF beneficiaries as on 01.01.1986.

Subsequent to the OM dated 01.05.1987 of the DoP&PW, Department of School Education & Literacy moved proposals to this Department for granting the benefit of option to switch over to the GPF cum pension scheme in respect of the NVS employees. The proposals were received during 1989 to 1998, however, on each occasion the proposal could not be agreed to on the ground of the huge difference in the cost of introduction of pension scheme vis-a-vis CPF scheme. While CPF is a one-time settlement, pension is a lite-long commitment not only in respect of the pensioner but also his family, Further, the liability in respect of pension keeps rising with every pay commission/revision and revision in dearness relief

Before implementing the NPS for the Central Government employees, this Department in the wake of rising demands for introduction of pension scheme on GO/ pattern for the employees of autonomous bodies and unsustainable pension liability thereon, issued DO letter dated 16.03.2000 intimating all the Ministry/Department that introduction of pension scheme for the employees of autonomous bodies is not agreed to as a rule and hence CPF scheme may be continued to be followed. Further, Autonomous Bodies may formulate annuity scheme through UC based on voluntary contributions of the employee and without any contribution from the Government or opt for the pension scheme introduced by the Ministry of Labour for the PF subscribers.

This Department after introduction of NPS for the employees of Autonomous Bodies in terms of order dated 13.11.2003 (Annexure-X /11), issued another order dated 30.06.2009, wherein the scope of NPS was extended to the CPF covered employees of pre-2004 era making it option for the CPF beneficiaries to migrate to the NPS regime with their CPF corpus along with the accumulations. The NVS adopted ‘New Pension Scheme’ for all regular employees w.e.f 01.04.2009.

Again, in 2013, MHRD moved a draft Note for CCEA seeking approval for introduction of pension scheme in NVS and again the proposal was not agreed to. On this occasion, vide Office Memorandum dated 28.05.2013 (Annexure-XIV), the grounds for rejection were:-

(i) Introduction of NPS for the post 2004 employees and option of migration to pre-2004 CPF employees.

(ii) Policy decision of the government to move away from defined benefit based pension scheme to defined contribution based pension scheme.

(iii) The intent and applicability conditions of Office Memorandum dated 01.05. 1987 of the DoP&PW was brought to the notice of MHRD. As Neither the said Office Memorandum was applicable to the employees of NVS as they are not Central Government employee nor the cut-off date of being in service i.e., 01.01. 1986 was admissible, as NVS was not in existence then.

(iv) Also, the NVS adopted the CPF Rules w.e.f 01.04. 1988, while the Office Memorandum dated 01.05. 1987 provided that beneficiary should be a CPF beneficiary on 01.01. 1986.

Another DCN was moved in July, 2013, wherein we reiterated the comments furnished vide OM dated 28.05.2013. The option to exercise the annuity scheme was also suggested on this occasion vide OM dated 18.10.2013 (Annexure-XV).

The option of legal recourse has also been exercised by some of the employees of NVS to get the benefit of the Government’s Pension scheme, i.e., CCS (Pension) Scheme – 1972. The matter went up to the Supreme Court of India, where all the cases were disposed off collectively by the Hon’ble Supreme Court through a single judgment dated 20.01.2015. The Hon’ble Supreme Court while dismissing the WPs and SLP, filed in this regard, had inter alia observed that:-

“…the cut-off date is a domain of the employer and so the introduction of new scheme of pension will be done considering all the relevant factors including financial viability of the same. No interference is warranted unless there is gross injustice is perpetrated. The Appellants have failed to prove any arbitrariness and discrimination with respect to the New Pension Scheme. In the light of the discussion in the foregoing paragraphs, the writ petitions and the appeal are also dismissed.”

Since then, NVS had been working out proposal in consultation with the Life Insurance Company for formulating an annuity based pension scheme. First such Annuity proposal was received in this Department April 2019, however, the proposal could not be agreed to vide ID Note dated 08.08.2019 as the scheme was designed in a manner to imitate maximum benefits of Old Pension Scheme pattern and thus required huge budgetary support from Government which was in contradiction to the earlier directions of this Department for designing a self-sustainable scheme without budgetary support from Government. Later, a similar Annuity based scheme was endorsed by Hon’ble Education Minister, in response to which certain queries were sought vide Office Memorandum dated 17.07.2020 which were never replied to. Consequently, we disposed of the VIP reference on the line of ID Note dated 08.08.2019 vide DO fetter dated 21. 12.2020 of Hon’ble Finance Minister (Annexure-XVI). Thereafter, no proposal for annuity based scheme was received in the Department of Expenditure.

Recently, in December, 2021, Department of Expenditure again received a proposal from Ministry of Education seeking introduction of CCS (Pension) Rules, 1972 for the pre-2004 employees of NVS. The total number of employees proposed to be benefitted is 12,783 (9647 serving, 2611 retired and 525 deceased). The proposal was examined, however, the same could not be agreed to by this Department, vide this Department’s ID Note, dated 01.04.2022 (Annexure-XVII ).

Besides, some new facts that two (02) recruitments were made in the Model Schools (a UDC and a Watchman in Jhajjar) prior to 01.01.1986 have been brought out by Department of School Education & Literacy. The facts have been examined in this Department and it has been observed that the Model Schools were opened under aegis of NCERT. These Model Schools were later rechristened as Jawahar Navodaya Vidyalaya (JNVs) and brought under administrative control Navodaya Vidyalaya Samiti (NVS), an Autonomous Body registered in Feb 1986. Since, both NCERT as well NVS are autonomous bodies, the employees who recruited prior to 01.01.1986 do not fulfill the pre-requisites as stipulated in DoP&PW’s Office Memorandum dated 01.05.1987 as neither they were Central Government employees not they were in CPF on 01.01.1986 as NVS adopted its own CPF scheme, w.e.f., 01.01.1988.

In view of the above, the proposal of Ministry of Education to grant CCS (Pension) to the pre-2004 employees of NVS is totally against the policy regime of the Government of India in terms of this Department’s directives dated 16.03.2000. Any decision in isolation to give Old Pension Scheme to the pre-2004 NVS employees is likely to open floodgates for approximately 1 lakh (serving and retired) employees of autonomous bodies who are not covered under Old Pension· Scheme and financial outlay on this account would be huge and unsustainable. Thus, Ministry of Education has been advised to ask NVS to consider a purely contributory, self-sustainable annuity based scheme for its pre-2004 recruited employees.”

OBSERVATIONS / RECOMMENDATIONS

Covering the employees of Navodaya Vidvalava Samiti Jawahar Navodaya Vidyalaya (erstwhile Model School) who joined their services before 1 January, 2004 under the Central Civil Services (Pension} Rules, 1972

39. After undertaking an extensive and methodological examination of the representation(s) of S/Shri Yogendra Sharma, Rahul Singh, Yogendra Bhakta, S. Kannan, Smt. K. Manjula and other Individuals/Associations, forwarded by several Members of Parliament requesting to cover the employees of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya ( erstwhile Model School) who joined their services before 1 January, 2004 under the Central Civil Services (Pension) Rules, 1972 and in light of the submissions made not only by the Ministry of Education (Department of School Education and Literacy) and the Ministry of Finance (Department of Expenditure) but also by the representationists, the Committee note the following irrefutable and determining facts in relation to the case:-

(i) Pursuant to the National Policy of Education of 1986, Jawahar Navodaya Vidyalayas (JNVs) were established as a Central Sector Scheme which commenced in 1986-87.

(ii) On 5.8.1985, the Union Cabinet accorded approval for establishment of 432 Model Schools, one in each District of the country along with setting up of an Autonomous Organization to manage these Schools.

(iii) Two Model Schools, one at Amravati in Maharashtra and one at Jhajjar in Haryana, was initially established. Since the Autonomous Body (AB) for managing and running these Schools was yet to be established, NCERT was assigned the task of starting these two Schools in 1985-86 and the first installment of the grant, amounting to Rs. 22.50 lakh, was released to NCERT on 28.10.1985. Besides, approval creation of the posts in these Schools was also conveyed on the same date.

(iv) An Autonomous Body, Navodaya Vidyalaya Samiti (NVS) under the Ministry of Education, was established and registered as a Society under the Societies Registration Act, 1860, on 28.2.1986. The appointments in Jawahar Navodaya Vidyalaya (JNVs) were made on deputation basis and the mode(s) of direct recruitment and permanent absorption were started during the year 1989. The employees of NVS/JNV are on ‘Navodaya Vidyalaya Samiti Contributory Provident Fund, 1988’, w.e.f., 01.04.1988 which was notified on 20.12.1991 vide Notification dated 11.11.1991 issued by the Ministry of Finance, Department of Expenditure.

(v) Based on the recommendations of the 41h CPC, Department of Pension and Pensioners’ Welfare issued Office Memorandum dated 01.05.1987, whereby all CPF beneficiaries, who were in service as on 1.1.1986 and who are still in service, would be deemed to have come over to the Pension Scheme unless specifically opted to remain under the CPF Scheme.

(vi) Subsequently, the Department of School Education & Literacy moved proposals to the Department of Expenditure for granting the benefit of option to switch over to the GPF-cum-pension scheme in respect of the NVS employees during 1989 to 1998. However, on each occasion, the proposal could not be agreed to on the ground of the huge difference in the cost of introduction of Pension Scheme vis-a-vis CPF Scheme as CPF is a one-time settlement whereas, Pension is a life-long commitment not only in respect of the pensioner but also the family and further, the liability keeps rising with every Pay Commission/ Revision and revision in the Dearness Relief.

(vii) Before implementing the New Pension Scheme (NPS) for the Central Government employees, the Department of Expenditure, in the wake of rising demands for introduction of ‘Pension Scheme’ on Government of India pattern for the employees of Autonomous Bodies and unsustainable pension liability thereon, issued DO letter dated 16.03.2000 intimating all the Ministries/Departments that introduction of pension scheme for the employees of Autonomous Bodies is not agreed to as a rule and hence CPF Scheme may continue to be followed. Further, the Autonomous Bodies may formulate ‘Annuity Scheme’ through the Life Insurance Corporation of India (UC), based on voluntary contributions of the employee and without any contribution from the Government or opt for the pension scheme introduced by the Ministry of Labour for the PF subscribers. The Department of Education, after introduction of NPS, w.e.f., 1.1.2004 for the employees of Autonomous Bodies in terms of Order dated 13.11.2003, issued another Order dated 30.06.2009, wherein the scope of NPS was extended to the CPF covered employees of pre-2004 era making it optional for the CPF beneficiaries to migrate to the NPS regime with their CPF corpus along with the accumulations.

(viii) The NPS was made applicable to all regular employees of NVS, w.e.f., 1.4.2009 vide NVS Notification dated 4.8.2009. Those employees who had joined NVS on regular basis before 1.4.2009 were given the option either to continue with the existing CPF scheme or to join the NPS. At present, employees of NVS are being given the retirement benefits of Leave Encashment, Gratuity and Contributory Provident Fund.

(ix) The erstwhile Ministry of Human Resource Development (now the Ministry of Education) moved draft Cabinet Note for introduction of GPF-cum-Pension Scheme for the employees of NVS under the CCS (Pension) Rules, 1972 in April and July, 2013. However, the Department of Expenditure had not supported the proposal inter alia citing a technical ground to the effect that DoP&PW’s OM dated 1.5.1987 is not applicable to the employees of NVS as it was not in existence as on 1.1.1986, which happened to be the crucial date of 4th Pay Commission recommendation for switching over to GPF-cum-Pension Scheme to the employees, !ill then covered under the CPF rules.

(x) The Department of Education had, in a meeting held on 17.12.2013, advised the formulation of an ‘Annuity Based Scheme’ in consultation with LIC which is feasible on the basis of the corpus available with NVS and the contribution made by the employees.

(xi) The feasibility of providing pensionary benefits to the employees of NVS through the Employees Provident Fund Organization (EPFO) was also explored. However, in a meeting held by the then Secretary (School Education & Literacy) on 14.12.2016 with representatives of the EPFO and the Ministry of Labour & Employment, it was concluded that managing such a fund by the EPFO for the purpose of providing pension to the employees of NVS was beyond the mandate of EPFO and therefore, the matter could not be processed any further.

(xii) During a brief meeting held with Hon’ble HRM on 24.10.2018, it was decided that a proposal may be taken up with the Ministry of Finance, Department of Expenditure for their consideration.

(xiii) Since then, NVS has been working out proposal, in consultation with the LIC, for formulating an ‘Annuity Based Pension Scheme’ and first such Annuity proposal was received in the Department of Expenditure, in April, 2019. However, the proposal could not be agreed to as the Scheme was designed in a manner to imitate maximum benefits of OPS pattern and thus required huge budgetary support from the Government which was in contradiction to the earlier directions of the Department for designing a self-sustainable scheme without budgetary support from the Government. Later, a similar ‘Annuity Based Scheme’ was endorsed by the Hon’ble Education Minister, in response to which certain queries were sought vide the Department of Expenditure Office Memorandum dated 17.07.2020 which were never replied to. Consequently, the matter was disposed of. Thereafter, no proposal for ‘Annuity Based Scheme’ was received in the Department of Expenditure.

(xiv) In December 2021, the Department of Expenditure again received a proposal from the Ministry of Education seeking introduction of CCS (Pension) Rules, 1972 for the pre-2004 employees of NVS, which was examined. However, the same was also could not be agreed to by the Department of Expenditure.

(xv) The total number of employees eligible under the CCS (Pension) Rules, 1972 and proposed to be benefitted is 12,783 (9647 serving, 2611 retired and 525 deceased).

40. Based on the above facts and chronology of events pertaining to the instant case, the Committee observe that since the year 1989, the Ministry of Education (erstwhile the Ministry of Human Resource Development) have been pursuing the matter with the Ministry of Finance, which did not support the proposal in regard to grant of pensionary benefits to the employees of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya ( erstwhile Model School) under the Central Civil Services (Pension) Rules, 1972, primarily, on the technical ground that the Department of Pension and Pensioners’ Welfare Office Memorandum dated 01.ll5.1987 whereby, all the CPF beneficiaries, who were in service as on 1.1.1986 and who are still in service, would be deemed to have come over to the Pension Scheme unless specifically opted to remain under the CPF Scheme was not applicable to the employees of NVS/JNV, since the NVS, as a Society, was registered only on 28.02.1986 and further, it would also increase the expenditure of the Government as ‘Pension Scheme’ is costlier than the ‘Contributory Provident Fund Scheme’.

41. Notwithstanding the contention of the Ministry of Finance (Department of E)(penditure) that the employees of the NVS/JNV were not in service as on 1.1.1986, which was the crucial date for applicability of the provision(s) contained in the Department of Pension and Pensioners’ Welfare (DoP&PW) Office Memorandum dated 01.05.1987, the Committee also take note of the fact that the Scheme of Navodaya Vidyalayas ( erstwhile Model Residential School) was already approved by the Union Cabinet and were in existence since August, 1985, i.e., much before the cut-off date for being eligible for the GPF-cum-Pension Scheme. Although, NVS, as a Society, was registered on 28.02.1986, it might be due to some administrative delay on account of time consuming and cumbersome registration process, which is nothing more but merely a technical requirement for .the employees for being eligible for the Pension Scheme. Moreover, the cut-off date of 01.01.1986 is the outer limit for getting the benefit of the requisite option to remain under the CPF, as per the relevant DoP&PW Office Memorandum dated 01.05.1987, which signifies that after 01.01.1986, it is only logical that one would have deemed to come under CCS Pension Rules and would no longer have an option to be under the CPF, unless an individual specifically opts out to continue under the CPF Scheme. Even though, the NVS employees were not under CPF Scheme as on 01.01.1986, since the two employees were appointed in Model Residential School on direct recruitment basis on 11.12.1985, they de jure come under CCS Pension Rules. Secondly, as on 31.03.2021, the NVS is already in possession of Rs. 1104 crore as Management Share with interest, which could be conveniently returned to the Government. On the other hand, there would be a saving of Rs. 110 crore annually, being the Government contribution towards Management Share. With this amount, the fund requirement under the CCS pension for the NVS employees could be met for at least about 8 to 10 years without any additional expenditure by the Government. Further, since the actual applicability of this already delayed proposal would only be limited to those NVS employees who were in service prior to 01.01.2004,i.e., a meagre 9647 individuals (who are still in service as on 31.3.2021), with 93 per cent of employees retiring over the next 15 years, the proposal, from any stretch of imagination, does not appear to be open-ended as the financial requirement would witness a peak not before the year 2029-30 and, thereafter, substantially starts declining.

42. While expressing concern over the plight of the NVS employees who were in service prior to 01.01.2004 on account of denial of legitimate right in the form of pensionary/termi nal benefits under the Central Civil Services (Pension) Rules, 1972, the Committee recommend the Ministry of Education (Department of School Education and Literacy) to revisit the entire case in consultation with the Ministry of Finance (Department of Expenditure) by taking into account all the aspects, viz., administrative, financial, legal, welfare, ethical, etc., so that the employees of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya ( erstwhile Model School) who joined their services before 1 January, 2004 are covered under the c.entral Civil Services (Pension) Rules, 1972. The Committee would like to await a positive outcome in this regard, without any further bureaucratic riders, within three months of the presentation of this Report to the House.

Relative contradiction of extension of Pensionar y Benefits under the Central Civil Services (Pension) Rules, 1972 in the Autonomous Bodies/Organisations established after the Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalayas

43. Based on the information furnished by the Ministry of Education (Department of School Education and Literacy) and the Ministry of Finance (Department of Expenditure), the Committee take note of the fact that the following 10 Autonomous Bodies/Organisations, under administrative control of the various Ministries/ Departments of Government of India, which were established much after the creation of Navodaya Vidyalaya Samiti, have already been covered under the Central Civil Services (Pension) Rules, 1972:·

(i) National Institute of Open Schooling (NIOS).

(ii) inter University Consortium for Department of Atomic Energy Facility (IUC-DAEF).

(iii) Inter University Centre for Astronomy and Astro Physics (IUCAA).

(iv) Information and Library Network Centre (INFLIBNET).

(v) Nuclear Science Centre (NSC).

(vi) Consortium for Educational Communication (CEC).

(vii) National Human Right Commission (NHRC).

(viii) National Assessment and Accreditation Council (NAAC).

(ix) Prasar Bharti.

(x) Maulana Azad National Urdu University, Hyderabad.

44. Though the terms and conditions on which the Pension Scheme under the relevant Rules has been extended to the aforementioned 10 Autonomous Bodies/ Organisations might be distinct, yet the determining and binding factor that equalizes these 10 Bodies/Organisations with that of NVS remain unchanged as all these entities come under the ambit and control of Government of India. Since NVS is also an Autonomous Body under the Ministry of Education (Department of School Education and Literacy) and established much before these Autonomous Bodies/ Organisations came into existence, the Committee are not able to comprehend the reasons for adopting a distinct approach and an asymmetrical administrative formulations for extending the benefit of CCS Pension Scheme to the employees of NVS/JNV vis-a-vis the above said Autonomous Bodies/Organisations. The Committee are pained to point out when the employees of these 10 Autonomous Bodies/ Organisations could enjoy the fruits of pensionary benefits under the CCS Pension Rules, on their retirement, what deters the Government in extending similar benefit to the employees of Navodaya Vidyalaya Samiti, many of whom have been away from their family and incessantly serving in Residential Schools which are mainly located in rural and far flung areas. The Committee, therefore, strongly feel that the entire policy formulations of the Ministry of Finance (Department of Expenditure) for denial/ non-extension of the benefit of CCS Pension Rules to the employees of Navodaya Vidyalaya Samiti should be reviewed keeping in view the tenets of equity and fair play.

45. On this backdrop, the Committee recommend the Ministry of Education (Department of School Education and Literacy) and the Ministry of Finance (Department of Expenditure) to re-examine the grounds on which the Autonomous Bodies/Organisations, which were set up much after the establishment of Navodaya Vidyalaya Samiti, were covered under the Central Civil Services (Pension) Rules, 1972 so that possibility for extension of the Pension Scheme under the Central Civil Services (Pension) Rules, 1972 in respect of the Navodaya Vidyalaya Samiti/ Jawahar Navodaya Vidyalayas, could be explored and justifiably settled once and for all. The Committee would like to be apprised of the action taken in this regard within three months of the presentation of this Report to the House.

Court Judgments on extension of Pensionary Benefits under the Central Civil Services (Pension) Rules, 1972 to the employees of Navodava Vidvatava Samiti/ Jawahar Navodava Vidyalavas vis-a-vis other Autonomous Bodies/Organisations

46. During the course of examination of the representations, the Committee were informed by the Ministry of Education (Department of School Education and Literacy) that Writ Petition (Civil) Nos. 556/2012 and 518/2012 were filed by the Principals and other officials of Jawahar Navodaya Vidyalayas seeking issuance of directions to the Respondents, i.e., the Union of India to introduce and implement the Central Civil Services (Pension) Scheme,1972 to all the employees of Navodaya Vidyalaya Samiti. The Committee were further informed that an Special Leave Petition (Civil) No. 19102/2012 was filed separately by Shri P.N. Mishra against the Order dated 9.12.2012 passed by the High Court of Jharkhand dismissing the Writ Petition filed by him. These cases were disposed of collectively by the Supreme Court through a single judgment dated 20.1.2015, wherein, the Supreme Court, while dismissing the above Writ Petitions and Special Leave Petition had inter alia observed, as under:·

“…The cut-off date is a domain of the employer and so the introduction of new scheme of pension will be done considering all the relevant factors including financial viability if the same. No interference is warranted unless there is gross injustice is perpetrated. The Appellants have failed to prove any arbitrariness and discrimination with respect to the New Pension Scheme. In the light of the discussion in the foregoing paragraphs, the writ petitions and the appeal are also dismissed…”

47. On the reasoning of extension of pensionary benefits of GPF-cum-Pension Scheme under the Central Civil Services (Pension) Rules, 1972 to various Autonomous Bodies/Organisations, the representatives of the Ministry of Finance (Department of Expenditure), during the oral evidence held on 05.04.2022, deposed before the Committee and informed that the Autonomous Bodies/Organisations who have been extended the benefit of GPF-cum-Pension Scheme are purely based on the judgments/orders by the Courts. Further, the representatives of Ministry put forward an unconvincing argument that since the Writ Petition of the employees of Navodaya Vidyalaya Samiti has already been dismissed by the Supreme Court, the demand of extending the benefit of CCS Pension Rules to them would be weighed only after taking into account the overall financial burden on the exchequer. The Committee, therefore, do not subscribe to the logic put forward by the Ministry of Finance (Department of Expenditure) for denying the extension of the benefit of CCS Pension Rules to the employees of NVS and urge them to devise an innovative and out of box solution to resolve this long pending impasse. The Committee would like to be apprised of the action taken/proposed to be taken in this regard within three months of the presentation of this Report to the House.

Formulation of an ‘Annuity Based Pension Scheme’ with the support of Life Insurance Corporation (L/C)

48. The Committee take note of the fact that NVS had earlier proposed for three options for ‘Annuity Based Pension Scheme’ through the Life Insurance Corporation of India along with their financial implications. However, in response thereto, the Department of Expenditure has time and again reiterated that it would not be possible to support any such proposal for ‘Annuity Scheme’ with part funding from the Government of India by way of Grants-in-aid and suggested that pension fund may be set up in such a way that there is no Government support.

49. In this context, the Committee are of the opinion that it is a rich heritage of our country that ‘Teaching’ has always been considered as a noble profession and the ‘Schools’ have invariably been regarded as ‘Temples of Education’ and not any commercial and profit-making entities. An employee, after serving an Organization for decades and retiring on attaining the age of superannuation, invariably crave for some uninterrupted social security in the form of pension for subsistence at an advanced age. Cherishing these ethos, the Committee are of the opinion that the case of NVS Pension has to be examined by the Executive Authorities keeping in view the principles of natural justice and on humanitarian grounds rather than considering only the financial, administrative and legal aspects. In the considered opinion of the Committee, internal resources could be generated by the NVS to make the pension proposal a self-supporting one to a large extent through certain measures, viz., review of the existing fee structure in the JNVs, additional resource generation by the 12 Navodaya Leadership Institutes (NU), formulation of various training programmes, levying a reasonable price for the JNVST prospectus (which is presently distributed free of cost), accepting contribution from JNV alumni, etc. Besides, the Government could also lend a helping hand by offering a one-time contribution from the Education Cess collections to consider the long-pending demand of the employees of NVS in a positive manner.

50. The Committee, therefore, recommend the Ministry of Education (Department of School Education and Literacy) to once again consult the Ministry of Finance (Department of Expenditure) for rendering all possible assistance to the NVS to formulate a workable ‘Annuity Based Pension Scheme’ with the support of Life Insurance Corporation of India so that it could attract a lesser support in the form of Grants-in-aid by the Government and on the other hand, which could also satisfy the maximum number of affected employees of NVS/JNVs who joined their services prior to 1.1.2004. The Committee would like to be apprised of the action taken/proposed to be taken in this regard within three months of the presentation of this Report to the House.

***

NEW DELHI; 

HARISH DWIVEDI,
Chairperson,
Committee on Petitions.

19 May, 2022
28 Vaishaka, 1944 (Saka)

View/download Petition with Annexure