SHRI P.N.MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant Interlocutory application has been filed on behalf of the petitioner praying therein to implead 8598 employees of the Navodaya Vidyalaya Samiti as petitioners in the present writ petition. The petitioner has unnecessarily, at the fag end and at a very late stage sought to implead about 8598 employees/ staffs of the Navodaya Vidyalaya Samiti situated in different parts of the country as petitioners in the present writ petition. Moreover, petitioner has unnecessarily without any such authorization taken upon himself as representative and implead all the employees of the Navodaya Vidyalaya Samiti as co-petitioners, although non of them has come forward on their own before this court.

(2.) The said prayer is totally misconceived and cannot be allowed. Accordingly, the said I.A. No. 3585 of 2011 seeking impleadment of 8598 employees of the Navodaya Vidyalaya Samiti is, therefore dismissed as without any basis.

(3.) Facts of the case are that petitioner claims to be an executive member of Jawahar Navodaya Vidyalaya, B.I.T. Mesra, Ranchi Branch represented through All India Navodaya Vidyalaya Staff Association. It is stated that Jawahar Navodaya Vidyalaya schools have been established all over India by Human Resource Department, Government of India in the year 1985. It is further stated that by office memorandum no. 4/1/87-PIC-1 dated 1.5.1987, the Human Resource Department, Government of India decided to implement the Rules including all the service benefits and pensionary benefits for teaching and non teaching staffs of Navodaya Vidyalaya Samiti. As per the petitioner the executive committee of the Navodaya Vidyalaya Samiti in its meeting held on 17.1.1992 decided to adopt the Rules and Regulations, circular and procedures applicable to the central government Mutatis & Mutandis till such time the Navodaya Vidyalaya Samiti formulates its own Rules, which is annexed as annexure-2 to the writ application. However, in the subsequent paragraphs of the writ petition itself it has been stated on behalf of the petitioner that a parliamentary standing committee of Human Resource Department in its 154th report presented before the Lok Sabha and Rajya Sabha on 2.3.2005 and 3.3.2005 respectively strongly recommended the pensionary benefits to be given to the teaching and non-teaching staffs of the Navodaya Vidyalaya Schools and Jawahar Navodaya Vidyalaya Schools and that the said benefits to be extended at par with other schools governed by the Human Resource Department, Government of India. He has further referred to strong recommendation made by the Parliamentary standing committee on 30.11.2006, 17.8.2007 in its 184th and 198th reports. It is further submitted that the report has been submitted by a review committee of the Human Resource Department, Government of India on 29.1.2004 suggesting similar treatment to the employees of the Jawahar Navodaya Vidyalaya Schools with those of the teaching and non-teaching staffs of Kendriya Vidyalaya Schools for extending and admitting such pensionary benefits.