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Central Information Commission

Mrs Ilango vs Ut Of Pondicherry on 2 August, 2016

                    CENTRAL INFORMATION COMMISSION
                   August Kranti Bhawan, Bhikaji Cama Place,
                              New Delhi-110066

                                             F. No.CIC/YA/A/2015/001752

Date of Hearing                     : 02.08.2016
Date of Decision                    : 02.08.2016

Appellant/Complainant               : Shri S Ilango
                                      Puducherry


Respondent                          : CPIO,
                                      Directorate of Health & Family Welfare
                                      Services
                                      Puducherry

                                        Through:
                                        Dr. Raman, Director


Information Commissioner            : Shri Yashovardhan Azad

Relevant facts emerging from appeal:

RTI application filed on            :    16.02.2015
PIO replied on                      :    14.03.2015
First Appeal filed on               :    13.04.2015
First Appellate Order on            :    No order passed
2nd Appeal/complaint received on    :    30.06.2015

Information sought

and background of the case:

The appellant vide RTI application dated 16.02.2015 sought complete file notings & information regarding absorption of contractual NRHM PACS staff. CPIO vide letter dated 14.03.2015, denied information u/s 8(1)(i) of the RTI Act, 2005. The appellant preferred first appeal but the same remained unheard. Feeling aggrieved the appellant approached the Commission.

Relevant facts emerging during hearing:

Both the parties are present and heard. The appellant states to be aggrieved by the inaction of the authorities concerned on the issue of absorption/regularization of services of contractual employees in NHRM. He states that the GoI guidelines in vogue regarding regularization of contractual appointees are not being adhered to by Puducherry Govt. In this context, he states to have sought the information. Per contra, the FAA states that the extant GoI guidelines are misinterpreted inasmuch as they do not create any right in favour of contractual appointees to seek regularization. He states that only a regular incumbent can be absorbed against a regular vacancy. However, he states that a proposal has been made to offer 25 percent reservation to contractual employees in the process of regular recruitment and the same is under active consideration of the council of Ministers. He contends that since no policy decision has been taken by the Govt., the information sought falls under the ambit of Section 8(1)(i). Upon a query from the Commission, the FAA states that the concerned file has been pending before the Puducherry Govt. since 2013.

Decision:

After hearing parties and perusal of record, the Commission finds the reply of CPIO to be in order. Revelation of proposals made & deliberations thereon by the Union cabinet are exempted under Section 8(1)(i). The RTI application has been answered adequately and no further direction is required in the present appeal.

The appeal is disposed of accordingly.

(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.

(R.P.Grover) Designated Officer Copy to:-

Public Information Officer under RTI        First Appellate Authority under RTI
Nodal Officer - Estt.                       Director,

Dte. of Health & Family Welfare Services, Dte. of Health & Family Welfare Services, Old Maternity Hospital Building, Old Maternity Hospital Building, Gingee Salai, Puducherry-605001. Gingee Salai, Puducherry-605001.

Shri S. Ilango No. - 7-8, Moovendar Street, Mullai Nagar, Orleanpet, Puducherry-605005.