Central Information Commission
CIC/AD/A/2010/000857
Dated : August 23, 2010
Name of the Applicant : Dr. Shamsher Khan
Name of the Public Authority : Ministry of Health $ Family Welfare, New Delhi
Background
1. The RTI application was filed by the Applicant on 18.01.10 with the PIO, PMS Section, M/o Health &
Family Welfare, New Delhi seeking:
a. A copy of the O.M. No.F.1/1/2008IC dated 18/11/09 received from the Department of Expenditure,
M/o Finance for implementation along with a proof of receipt and information on whether it has been
endorsed by the department and the same forwarded to other Ministries/hospitals/Union Territories/
State Govt. for implementation. If yes, to provide a copy of forwarding letter sent to all hospitals
located in Delhi and to Department of Health $ Family Welfare, Govt. of Delhi for implementation.
b. Clarification regarding revision of Pay Scale by the Department of Expenditure, M/o Finance. The order in
case of Pharmacist is still awaited at hospital level/ Delhi Govt. whereas in case of Speech therapists,
it has already been endorsed and forwarded for implementation.
The PIO replied to the RTI Application on 16.02.10 stating that the OM No.1/1/2008IC dated 18.11.09
issued by the Department of Expenditure, was addressed to all the Ministries/Departments of GoI
offices/institutions under their administrative control are that they are being asked to implement the
said order. She also stated that the notification No.773(E) dated 21.10.09 regarding pay scale of
Speech therapists is an amendment to the CCS(RP) Rules,2008 and that the same was provided to
NCT Govt. of Delhi on their request.
2 The Applicant aggrieved with the incomplete information filed his first appeal on 24.02.10 with the
Appellate Authority stating that more than 3 months have passed and still the order has not been
implemented and therefore the pharmacists feel that they are being deprived of their rights. The CPIO
, as directed by the Appellate Authority, provided the Applicant along with her letter dated 8.4.10, the
Ministry’s OM No. Z33025/1/2010Coordn.I dated 10.02.10 which was circulated to all directing them
to take necessary action on the OM No. 1/1/2008IC dated 18.11.09 of M/o Finance addressed to all
Ministries/Departments and others on implementation of revised pay structure to the common
category of pharmacists’ cadre. The Appellant still aggrieved by the response filed his second appeal
on 12.04.10 with the Commission requesting for the complete information along with the copy of
orders he had requested for in his application.
3. On 03.08.10 a notice was sent by CIC to both the Appellant and the PIO to appear before the
Commission on 23.08.10 at 12.15 p.m. for a hearing.
4. Mrs. Aparna S.Sharma, Dy. Secretary cum PIO and Dr. Kamlesh Kumar, Section officer, M/o Health
& Family Welfare, New Delhi represented the Public Authority.
5. The Applicant was present during the hearing.
Decision
6. During the hearing the Respondent stated that the OM had been circulated after endorsement to all
the concerned Departments and hospitals under the direct control of the Ministry for the
implementation of the revised pay structure to the common category of pharmacists cadre. In
response to the Appellant’s complaint that the Delhi Government was not directed by the Ministry of
Health to implement the order, she also clarified that the Department of Expenditure had also sent the
OM to all State Governments and it is for them to implement the order on their own as they are not
controlled by the Ministry. At this stage the Appellant sought the date of receipt of the OM by the
Ministry. The Commission accordingly directs the PIO, M/o Health & Family Welfare, New Delhi to
provide the details of receipt of the circular in the Ministry, by 20 September, 2010.
8. The Commission noted that all available information has been provided to the Appellant and
accordingly disposes of the appeal.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Dr. Shamsher Khan
E.12/3, II floor(Back Side)
New Colony, Hauz Rani
Malviya Nagar,
New Delhi
2. The PIO
Ministry of Health $ Family Welfare
PMS Division
Nirman Bhawan
New Delhi
3. Officer Incharge, NIC