Srinagar, Aug 14: The High Court of Jammu and Kashmir and Ladakh has upheld the Central Administrative Tribunal decision to strike down the Government order assigning Dr Mushtaq Ahmad Rather additional charge of Director, Family Welfare, MCH and Immunization, J&K, holding the posting in violation of cadre eligibility rules.
A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar dismissed Dr Rather’s writ petition, noting that he belongs to the J&K Medical (Gazetted) Service and not to the feeder cadre prescribed under the J&K Health and Family Welfare (Gazetted) Service Recruitment Rules, 2013.
The court said the post of Director, Family Welfare, can be filled only from Class-II Categories “A” and “B” of the Health and Family Welfare Service through promotion or direct recruitment, with no provision for transfer from another service. Dr Rather was serving as Director, Coordination, New Medical Colleges at the time of the additional charge order issued on December 23, 2024.
The dispute arose when Dr Poonam Sethi, then Deputy Director (Schemes), challenged the appointment before the CAT, which on March 26 this year quashed the order and directed the charge be given to the senior-most eligible officer within the cadre.
The Government defended its choice by citing Dr Rather’s previous stints as Director Health Services Kashmir, Director AIDS Control Society and Director Coordination of New Medical Colleges. However, the Bench ruled that administrative convenience cannot override statutory provisions and criticised the Health Department for not holding timely promotion committee meetings.
In its ruling, the Bench observed that even an ineligible officer within the cadre can challenge the appointment of an outsider if the move appears arbitrary or suggests favouritism, adding that if an ineligible officer must be chosen, preference should be given to one from within the same service.
The petition was accordingly dismissed. [KNT]
