Tuesday, March 27, 2012

Sponsering Syndrome in Navodayas - Highlighted by the Indian Express

Everyone of us is aware how every other day an email is sent from either Regional Offices or Head Quarters eulogizing the virtues of an educational institute or a software program. The Principals, who are always ready to please their bosses, kiss those programs without giving an ounce of thought about the utility aspect. . Public Money is wasted. More than that it is an ethical issue.Indian Express highlighted only one instance. There are plenty of such sponsorship instances in Navodayas.

Are the Old Times Back?

Recently Samiti has been issuing circular after circular asking the staff to work 24/7. No problem, We all choose to serve in Navodaya. We need to keep residential nature in mind and work accordingly. What is irritating is the tone of those circulars. There seems to be a deliberate attempt to bring back the 'officergiri'
When we look at the way our Principals work, anybody with a little understanding or experience  of school administration in other organizations, can understand how poorly our Principals are groomed for this job. Their personalities withered  as they worked as PGTs under the same officergiri era. Now they fail to administer the schools sensibly because they were groomed to take orders but not to give orders. Work was ordered and it was not delegated. If officergiri era is brought back, there would be no hope left for Samiti in terms of availability of leadership material among the PGT Cadre. 

Friday, March 23, 2012

Light at the end of the Tunnel - NPS Implementation is being Streamlined in Samiti

Please click here to read my blog dated 28th January 2011 where it is explained how delay in implementation of NPS in Samiti is resulting in notional losses to the tune of nine to twenty five lakhs of rupees in the retirement corpus of new employees. You can read here how the contributions of new employees until now are not eligible for tax treatment from a legal perspective. Almost an year after I pointed out the huge notional loss (which means the notional losses are even more higher than previously estimated), Samiti seems to be getting its act together. Already employees of HQ and ROs were issued PRANs (PERMANENT RETIREMENT ACCOUNT NUMBER). Now the efforts are on to roll in the staff from Vidyalaya Units. Its going to be a daunting task in view of the lack of basic understanding of NPS among the employees. Samiti needs to take an initiative to educate the employees about the nuts and bolts of the scheme. This blog has also posted a back of the envelope calculation on NPS corpus that can be accumulated. Please click here to read it ,

In the wake of recent judgment of High Court, it makes sense for post 2001 employees who are  two three decades away from retirement to enroll into NPS. Samiti should think of seeking the option once again from those employees who are appointed prior to 2008. Those who are appointed between 2004 and 2008 should enroll themselves into NPS without any hesitation. Its the best option for them.

Tuesday, March 6, 2012

Simpathies have no place in a Society governed by the Rule of Law- Navodaya Pension Case is Dismissed by Jharkhand High Court

The hopes had been proved false. The judgement has revealed the shallowness of our arguments. High Court dismissed the case for want of merit. The salient points from the judgement are:
  •  Navodaya Vidalaya Samiti was constituted and registered under Society Registration Act, 1860 in
    the month of February, 1986.The demands of the employees for introduction of pension were considered by the government from time to time but could not be agreed to since as per the decision taken by the Government of India on the recommendations of Fourth Pay Commission, all the C.P.F beneficiaries in service as on 1st January, 1986 had been given an option to switch over to Pension / G.P.F/ Scheme. (Stand of the Ministry and Samiti- Is this pro employee stand as claimed by our union leaders?)
  • Even the petitioner admits that the benefits of pensionery scheme were not available to the employees of the Navodaya Vidyalaya Samiti till the notification of the said scheme in the year 2008 giving option to the existing employees to join the new pension scheme, 2004 or to continue with the existing C.P.F. Scheme.
  • It appears that based upon the said recommendations( read recommendations of various committees) itself the Government of India finally decided to come out with a notification in the year 2008 whereby the employees of the Navodaya Vidyalaya Samiti were allowed to join the New Pension Scheme,
    2004 or to continue with the existing C.P.F. Scheme.
  • It is a settled principle of law that cut of date of notification of pensionary scheme is within domain of the employer and is not subject to interference ordinarily unless it is arbitrary and unreasonable and some gross case of violation of Article 14 is made out.
  • The differential treatment of two sets of officers appointed prior to the notified date would not offend Article 14 of the Constitution. The cut-off date may be justified on the ground that additional outlay as involved or the fact that under the terms of appointment, the employee was not entitled to the benefit of pension or retirement. (quoted from Supreme Court Judgment)
  • The underlying principle is that when the State decides to revise and liberalise an existing
    pension scheme with a view to augmenting the social security cover granted to pensioners, it cannot ordinarilygrant the benefit to a section of the pensioners and deny the same to others by drwing an artificial cut-off line which cannot be justified on rational grounds and is wholly unconnected with the object intended to be achieved. But when an employer introduces an entirely new scheme which has no connection with the existing scheme, different considerations enter the decision making process. One such consideration may be the financial implications of the scheme and the extent of capacity of the employer to bear the burden. Keeping in view its capacity to absorb the financial burden that the scheme would throw, the employer would have to decide upon the extent of applicability of the scheme.
  • The new pension scheme has come into force w.e.f. 1.1.2004 upon a conscious decision of the employers i.e Navodaya Vidyalaya Samiti on approval of the Government of India in the year 2008. The petitioner has not been able to show any grounds for treating the said cut of date as arbitrary,unreasonable and irrational or in violation of Article 14 of the Constitution of India. The mere fact that other institutions had been governed by different pensionary schemes since earlier point of time will not entitle the petitioner to claim that the Navodaya Vidyalaya Samiti is legally obliged to follow the same as it is an autonomous body, admittedly framed under the Societies Registration Act. As such even the employees in service prior to 1.1.2004 have been granted benefits to switch over to the new scheme as per the provisions of the scheme. Sympathies have no place in a society governed by
    the Rule of law as been eminently observed by the Hon'ble Supreme Court

What we need to do? We need to discuss the merits and demerits of our points without emotions blinding our judgement and we should concentrate on the means to prove the shallowness of Samiti's arguments. Before an appeal is filed, hope wisdom would dawn upon us and we will go for a united legal battle!

Sunday, March 4, 2012

Stardization in Menus and Scale of Ration in Navodayas is a Welcome Step

It was an area which was left to the Principal's discretion so far. Samiti used to fix an amount as  yearly expenditure per student for provision of food and  left every thing else to the Principals. In the absence of standards, the provision of food largely depended on the whims and fancies of the Principal and the staff of the Vidyalayas. You can read about the stance taken by this blog regarding such whimsical way of provision of food in a previous post published on word press: "Do We Care About the Students' Physical Growth?"

Now things seem to be moving in right direction. There has been regular enhancement of food expenditure and  such enhancement seems to be inflation linked and rational.  Samiti came out with a scale of ration and suggested menu. It's going to bring about a reasonable change in the way our children are going to eat and  in turn in their growth and development. Kudos!!