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Manan Lakhera vs Central Government Health Service ... on 5 October, 2021

                               केन्द्रीयसूचनाआयोग
                       Central Information Commission
                            बाबागंगनाथमागग, मुननरका
                       Baba Gangnath Marg, Munirka
                        नईनिल्ली, New Delhi - 110067

द्वितीय अपील संख्या / Second Appeal No.         CIC/CGHSD/A/2019/800032

Shri Manan Lakhera                                            ... अपीलकताा /Appellant
                                   VERSUS/बनाम
                                                           ...प्रद्वतवादीगण /Respondent
CPIO
Ministry of Health and Family Welfare

Date of Hearing                           :   05.10.2021
Date of Decision                          :   05.10.2021
Chief Information Commissioner            :   Shri Y. K. Sinha

 Relevant facts emerging from appeal:

RTI application filed on                  :   22.02.2019
PIO replied on                            :   07.03.2019
First Appeal filed on                     :   15.03.2019
First Appellate Order on                  :   27.03.2019
2ndAppeal/complaint dated                 :   Nil

 Information sought

and background of the case:

The Appellant filed an RTI application dated 22.02.2019 which was replied to by the CPIO/Under Secretary, CGHS-I Section, CGHS Division, vide letter dated 07.03.2019 as under:-

Dissatisfied with the reply from the CPIO the Appellant filed a First Appeal dated 15.03.2019. The FAA/Director CGHS, vide order dated 27.03.2019 upheld the reply of the CPIO and stated that the existing recruitment rules with respect to the post of Physiotherapist Grade-I in CGHS was already provided to the Appellant and that amendment in recruitment rules as per VIIth Pay Commission is under process.

Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

A written submission has been received from CPIO and US, CGHS-I Section vide letter dated nil wherein it was stated that in his Second Appeal, the Appellant has requested to provide the current pay scale of Physiotherapist Grade I in CGHS. In respect of point no 1 and 2 of the RTI application it was stated that the copies of the then existing RRs were duly provided. Further, it was also intimated that at present there is only one sanctioned post of Physiotherapist Grade-I in CGHS. As per existing Recruitment Rules of 1995, the post is in the pay scale of 2000-60-2300-EB-75-3200. Subsequently, the D/o Expenditure had clarified that the post would need to be placed in the scale of 8000-13500 and to be reclassified as Senior Physiotherapist. The corresponding pay scale of 8000-13500 is level 10 in pay matrix (56100- 124500) as per VIIth Pay Commission. Accordingly, the revision of Recruitment Rules is under examination and consideration in the Ministry. With regard to point no 3 it was stated that the duties and responsibilities were also provided along with the reply to the RTI application However, copies of the RRs and duties and responsibilities of the referred post were again attached with the written submission.

In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through audio conference was scheduled after giving prior notice to both the parties.

The Appellant participated in the hearing through audio conference. He acknowledged the receipt of the above mentioned written submission of the Respondent and stated that although the same clarifies the factual position in the matter, the recruitment rules for his post ought to be amended pursuant to the implementation of 7th CPC recommendations.

The Respondent represented by Shri Manoj Kumar Verma, US participated in the hearing through audio conference. He stated that necessary clarifications on point no 2 of the RTI application were provided vide their above mentioned written submission dated 29.09.2021. A committee has been constituted for amendment of the Recruitment Rules and as soon as the amendment is carried out the same will be intimated to the concerned employees.

Decision:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that adequate information as per the provisions of the RTI Act, 2005 has been provided by the Respondent. Hence, no further intervention of the Commission is required in the instant matter. For redressal of his grievance, the Appellant is advised to approach an appropriate forum.

With the above observation, the instant Second Appeal stands disposed off accordingly.

Y. K. Sinha (वाई. के. नसन्हा) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अद्विप्रमाद्वणत सत्याद्वपत प्रद्वत) S. K. Chitkara (एस. के. द्विटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3