Central Information Commission
Dr.D P R Vitittal vs Indian Council Of Medical Reserch on 9 May, 2012
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Decision No. CIC/SG/A/2012/000807/18822
Appeal No. CIC/SG/A/2012/000807
Relevant Facts emerging from the Appeal
Appellant : Dr. D. P. R.Vithal
Technical Officer-A
Division of Community Studies
National institute of Nutrition
Jamia-Osmania, P.0. Hyerabad-500 007
Respondent Mr. Panna Lal
PIO & Administrative Officer Indian Council of Medical Research Adm. Officer for director general V. Ramalingaswami bhawan, Ansari Nagar Post Box 4911 New Delhi- 110029 RTI application filled on : 24/08/2011 PIO replied : 12/12/2011 First appeal filed on : 03/01/2012 First Appellate Authority order : not enclosed Second Appeal received on : 12/03/2012 The Appellant had sought information regarding the 5th pay commission applicable to all central Government employees.
Sl. Information Sought Reply of the PIO
1. You have stated through your letter No.29/7/2005-RHN As per VI CPC recommendations, the scales dated 1st july 2011 that O.M.No.1/l/2008-l0 dated 30 of Rs. 5000-8000/5500-9000/6500-10500 August2006 a, General GO and will be applicable to all have been merged with GP Rs. 4200. Under Central Government Employees. Accordingly, Technical Part --B (ii) Govt. approved up-gradation of Assistants. who were holding Rs.5000-8000 scale(pre the Scale of Rs. 6500-10500 to 7450-11500 revised) by 1st January 2006 shou1d be elevated to the (GP-4600), which is implemented in ICMR scale of Rs.7450-11500 in 6th CPC (pre revised) . May I As and when Ministry of Finance agrees for know, when are you going to issue the orders pertaining to up-gradation of scale of Rs. 5000-8000 to above said orders? Rs. 7450-11500 (GP4600), it will be implemented..
2. In 5th Pay Commission, the Technical staff of ICMR were Under part 'B' up-gradation of all posts in implemented part B' scales, Are you going to implement the pre-revised scale of lb. 6500-10500 have the part B' scales to ICMR Technical staff in. 6th CPC? If been approved by Ministry of Finance and so, when? implemented.
Page 1 of 23. Earlier your good offices said under RTI Act 2005 that the As per OM No. 1/1/2008-IC dated ICMR were implemented Administrative staff were 13.11.2009 (copy enclosed), the scale of Rs. implemented Central Secretariat staff scales according to 6500-10500 has been up-graded and O.VI.No 1011/2009-IC dated 14th December 2009. Will implemented for all organizations including you, please provide me a Copy of approval taken from ICMR. There is no condition for qualifying MOHFW in this regard. Also let me know how did you exam. implement such scales when none of the administrative staffs have passed the qualifying exam?
4. ICMR recruitment rules 2300 for administration clearly As per procedures the post of assistant is states that only 50% of the Assistants, PA's, Secretaries filled on institute basis. and SO. posts should be filled through DPC, You may Information is being collected from NIN for surprise to hear from me that in NIN, 100% of the above taking appropriate action. Copy of letter said posts were given through DPC and this is being in addressed to NIN is enclosed. operation for the past 10 years. When will you pull back and redress the excess 50% posts which were given in the past? Let me know what action you will initiate on MN administration for violation of rules framed by ICMR?.
Grounds for the First Appeal:
Unsatisfactory and vague reply provided by the PIO. Order of the First Appellate Authority (FAA):
Not enclosed.
Grounds for the Second Appeal:
Unsatisfactory and vague reply by the PIO.
Relevant Facts emerging during Hearing:
The following were present Appellant: Dr. D. P. R.Vithal on video conference from NIC-Hyderabad Studio; Respondent: Mr. Panna Lal, PIO & Administrative Officer;
The appellant has mostly sought information on future actions which are likely to be taken. There is no record of this and hence the PIO cannot provide useful information. Under Right to information a PIO is expected to provide the information available on the records and does not have authority or mandate to give replies as to when certain future actions would be taken.
Decision:
The Appeal is disposed.
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 09 May 2012 (In any correspondence on this decision, mention the complete decision number.) (PG) Page 2 of 2