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Central Information Commission

Mr.Z A Gilani vs Mcd, Gnct Delhi on 26 December, 2011

                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796
                                                              Decision No. CIC/SG/A/2011/002917/16578
                                                                      Appeal No. CIC/SG/A/2011/002917
Relevant facts emerging from the Appeal:

Appellant                            :      Mr. Z.A. Gilani
                                            C - 12/326,
                                            Yamuna Vihar,
                                            Delhi - 110053

Respondent                           :      Dr. M. K. Pal

Public Information Officer & Dy. MHO(Cor.) Municipal Corporation of Delhi Health Department O/o The Admn. Officer, Dr. SPM Civic Centre, 19th Floor, New Delhi - 110002 RTI application filed on : 06/07/2011 PIO replied on : 28/07/2011 First Appeal filed on : 17/08/2011 First Appellate Authority order of : 08/09/2011 Second Appeal received on : 18/10/2011 S.No. Information Reply a. What is legal advice obtained from The Law Department of MCD for the Opinion of legal case implementation of court CAT judument dated 01.10.2010 to provide equal tendered on the pay scale too APHI/PHI/CPHI and AMI/MI /$Ml of MCD Health proposal of the copy Department as per recommendation of Patnayak committee indeed in the is attached. light of cp-2381201Q in CA No. 180/2010 MA 77/10 MA 541/10 and 1014/2010(Provide copy) .

b. Did the patnayak committee recommended to provide equal pay scale tb the The Patnayak both cadre of Malaria Deptt. AMI/ MI/SMI like P\ 111PH1 I CPH1 indeed Committee did not as wet as did the CAT judgment on 01.10.2010 cp-238/2010 in CA NO. recommend about 180\2010 MA 7710 MA 541'ilOANIJ 1014'2010 who the malaria cadre has pay scale. been as per advise obtained by the Dept. of MCD in the c. is it matter of fact that MCD health Dopt. has a provision to appoint mostly This RTI questions APHI\PHI\CPHI and AMI\MRSMI who have qualified their Sanitary does not pertain to Inspector Course with the provision to the work of Inoculation \ AO (Health) immunization so both are entitled to (10 the sante job? Moreover, let rile know iii winch recognized Institution any other Diploma has been done by MCD Health Department to do the work of inclusion\ lmmurizat9on by APHI\PHGRCPI- to grant them higher pay scale than Malaria AMlMl SMI who were already in Higher Grade than PH!\PHW1JHI? Kindly provide copy of Diploma.

Grounds for the First Appeal:

The appellant was received an unsatisfactory reply from the PIO. Order of the First Appellate Authority (FAA):
"The PIO/Dy. MHO (Co.ordination) is directed to give specific point wise reply to the appellant within 30 days from today. The appeal is accordingly disposed off."

Ground of the Second Appeal:

The applicant is not satisfied with the PIO reply and unsatisfactory order was passed by the First Appellate Authority.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Dr. M. K. Pal, PIO & Dy. MHO(Cor.);
The respondent shows that he has provided the information as per available records to the Appellant, which appears to be correct.
Decision:
The Appeal is disposed.
Information available on the records appears to have been provided. This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 26 December 2011 (In any correspondence on this decision, mention the complete decision number.)(AS)