Central Information Commission
Bipin Kumar vs Health And Family Welfare Department on 3 February, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/HAFWD/A/2023/647586
Bipin Kumar .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Department of Health & Family
Welfare, 9th Level, A - Wing,
Delhi Secretariat, New Delhi -110002 .... ितवादीगण /Respondent
Date of Hearing : 28.01.2025
Date of Decision : 29.01.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 06.07.2023
CPIO replied on : Not on record
First appeal filed on : 05.08.2023
First Appellate Authority's order : 17.08.2023
2nd Appeal/Complaint dated : 05.10.2023
Information sought:
The Appellant filed an RTI application dated 06.07.2023 (online) seeking the following information:
"I, Bipin Kumar wants some information under RTI ACT 2005 regarding the recruitment rules for direct recruitment and departmental promotion for the post of Assistant (OT/CSSD), Technician (OT/CSSD), Technical Assistant (OT/CSSD), Technical Supervisor (OT/CSSD) under Health and Page 1 of 6 Family Welfare Department in Govt. of NCT of Delhi. I hope you will be give me all information.
I wants information on below mentioned point -
1. Recruitment rules and ratio for Direct recruitment and Departmental promotion for the post of Assistant (OT/CSSD), Technician (OT/ CSSD), Technical Assistant (OT/CSSD), Technical Supervisor (OT/CSSD).
2. Sanctioned and vacant post status for the post of Assistant (OT/CSSD), Technician (OT/CSSD), Technical Assistant (OT/CSSD) and Technical Supervisor (OT/CSSD) under Health and Family Welfare Department in Govt. of NCT of Delhi.
3. Minimum completed years of regular service for the Departmental promotion to the Post of Assistant (OT/CSSD), Technician (OT/CSSD), Technical Assistant (OT/CSSD), Technical Supervisor (OT/CSSD) under Health and Family Welfare Department in Govt. of NCT of Delhi.
4. Minimum Qualification, experience, and Age limit for direct Recruitment to the post of Assistant (OT/CSSD), Technician (OT/ CSSD), Technical Assistant (OT/CSSD) and Technical Supervisor (OT/CSSD) under Health and Family Welfare Department in Govt. of NCT of Delhi.
5. Post based duty roster for departmental promotion for the post of Assistant (OT/CSSD), Technician (OT/CSSD), Technical Assistant (OT/CSSD) and Technical Supervisor (OT/CSSD).
6. Presently Seniority list of the post of Assistant (OT/CSSD), Technician (OT/CSSD), Technical Assistant (OT/CSSD) and Technical Supervisor (OT/CSSD) under Health and Family Welfare Department in Govt. of NCT of Delhi."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 05.08.2023. The FAA vide its order dated 17.08.2023, held as under:
"1 Copy of existing Recruitment Rules for the posts of Assistant(OT/CSSD), Technician(OT/CSSD), Technical Assistant (OT/CSSD), Technical Supervisor(OT/CSSD) are enclosed herewith.
2 As on date, as per available records, the details are as under:-Page 2 of 6
Name of the post Sanctioned Filled Vacant
Assistant (OT/CSSD) 535 348 187
Technician(OT/CSSD) 309 202 107
Tech. Assistant(OT/CSSD) 58 24 34
Tech. Supervisor(OT/CSSD) 15 5 10
3 & 4 As per existing Recruitment Rules.
5 Post based roster for the post of Assistant (OT/CSSD), Technician(OT/CSSD), Technical Assistant(OT/CSSD). Technical Supervisor (OT/CSSD) under H & FW Deptt will be prepared, proposals are under process.
6 Final Seniority List in r/o Assistant(OT/CSSD), Technician(OT/CSSD), Tech. Assistant (OT/CSSD), Techni cal Supervisor (OT/CSSD) under H & FW Deptt, are under process."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
A written submission dated 27.01.2025 filed by the PIO reiterating the contents of initial reply is taken on record.
A written submission dated Nil filed by the appellant prior to the hearing is taken on record. Contents of the same are reproduced below:
"The applicant Bipin Kumar would like to inform you through this letter that the appellant had filled an online RTI request H&FWF/R/2023/6022 on 06.07.2023 in the Department of Health and Family Welfare, Govt. of NCT of Delhi, under the RTI Act 2005, to obtain information regarding OT cadre on 06 (Six) points.
xxx xxx xxx Regarding the Desired above information by the appellant, no information provided by PIO within the 30 days timeline. Therefore, an online RTI appeal H&FWF/A/2023/60056 was lodged by the appellant on 05.08.2023 to obtain the desired information.
RTI first Appeal (H&FWF/A/2023/60056) has been listed for hearing on 21.08.2023. But Appel ant received reply of RTI appeal on 17.08.2023. Appellant not satisfied with reply so sent a presentation with supported Page 3 of 6 documents by E- mail on 20.08.2023. I am not received any mail/ reply after that so I filled second Appeal.
In the appeal reply (reply No.F.1 (1012) HR-PARA/H&FW/2023/2906- 08 dt. 17.08.2023), reply of point no. 1,3 & 4 is as per existing recruitment Rules. As per provided recruitment rules copy pre amendment age limit is 21 - 30 years for Direct recruitment for the post of Assistant (OT/CSSD), Technician (OT/CSSD), Technical Assistant (OT/CSSD) and Technical Supervisor (OT/CSSD). After amendment Recruitment rules for the post of Assistant (OT/CSSD) 0n 01.07.1998, for the post of low Technician on 24.12.1997, and for the post of Technical Assistant on 24.12.1997 age limit for Direct recruitment is below 25 years.
Delhi Subordinate Services Selection Board (DSSSB) conducts the selection process time to time by inviting applications from the candidate for the post of Assistant (OT/CSSD), Technician (OT/CSSD), Technical Assistant (OT/CSSD).
I see and read advertisement (01/14, 02,18, and 02/2023) which are published by DSSSB and existing Recruitment rules for the post of Assistant (OT/CSSD), Technician (OT/CSSD), Technical Assistant (OT/CSSD) and Technical Supervisor (OT/CSSD), which are enclosed with RTI reply No.F.1 (1012)HR-PARA/H&FW/2023/2906-08 dt. 17.08.2023.
There are Found many discrepancies regarding maximum age limit of different post of the OT cadre. DSSSB change the Age limit below 27 years instead of below 25 years for direct recruitment examination without any amendment in recruitment rules. If any amendment done after 1998 that not provided by H&FW department in RTI Reply.
It is a humble request you to that kindly accept my let er and provide the complete details regarding maximum Age limit for Direct recruitment for the post of Assistant (OT/CSSD), Technician (OT/CSSD), Technical Assistant (OT/CSSD) and Technical Supervisor (OT/CSSD)." Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video-conference. Respondent: Shri Sachin Kumar Yadav, SO (HR-PARA) along with Shri Pankaj Sajni, Sr. Assistant present in person.
The Appellant by inviting attention of the Commission towards the contents of his written submission stated that DSSSB modified the age limit below 27 years of age instead of below 25 years for direct recruitment examinations without Page 4 of 6 following any proper norms. In this regard, he urged the Commission to intervene in the matter.
The Respondent submitted that point-wise reply along with relevant information has already been provided to the appellant. Further, the allegations levied by the appellant is not acceptable because the advertisement for the posts are issued based on approved Recruitment Rules and guidelines issued from time to time. For point No. 5 and 6 of RTI application, he added that since the process attained finality, he is ready to give updated response to the appellant.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records observes that as far as RTI application is concerned, appropriate response has been given by the Respondent in terms of the RTI Act, which is upheld.
Further, the issue flagged by the appellant during hearing is a matter of grievance which cannot be resolved under the mandate of RTI Act.
Nonetheless, as per the commitments made by the respondent during hearing, the Respondent is directed to provide an updated reply along with relevant information at point No. 5 and 6 of RTI application, free of charge to the appellant. This direction should be complied by the respondent within 4 weeks of the date of receipt of this order.
FAA to ensure compliance of the directions.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 5 of 6 Copy To:
The FAA, Department of Health & Family Welfare, 9th Level, A - Wing, Delhi Secretariat, New Delhi - 110002 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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