Jammu, Feb 6: In O.A./73/2025 (JAMMU) DR POONAM SETHI Vs HEALTH AND MEDICAL EDUCATION DEPARTMENT after hearing Mr. Sunil Sethi, Sr. Advocate assisted by Mr. Kunal Saini & for Respondent(s) Advocate : Mr. Sudesh Magotra, A.A.G. after hearing CAT ordered as undered as:
1. Heard the learned Sr. Counsel for the applicant.
2. Admitted.
3. Mr. Sunil Sethi, learned Sr. Counsel for the applicant urged that Dr. Mushtaq Ahmad Rather-private Respondent No. 2 herein, is not eligible for holding the post of Director, Family Welfare, MCH & Immunization J&K on the ground that being a Member of the J&K Health and Medical Education (Gazetted Service), he is not in the cadre strength of J&K Health & Family Welfare (Gazetted Service).
4. It is further submitted by learned Sr. Counsel that applicant is holding the post of Deputy Director in the Health and Family Welfare Department which is the feeding cadre post for filling up the post of Director in terms of Recruitment rules of the Department, but Respondent No.1 without considering the claim of the applicant, in violation of judgement of Hon'ble High Court of J&K passed in SWP No. 1539 of 2010 in the case of Dr. Saleem-ur-Rehman V/s State and others has assigned the additional charge of Director, Family Welfare, MCH & Immunization J&K to the private respondent on 23.12.2024, who has taken over the position of additional assignment.
5. Issue notice to respondents. Mr. Sudesh Magotra, learned A.A.G. appears and accepts notices on behalf of the respondent No. 1.
6. Learned A.A.G. shall file counter affidavit/reply giving the details as to whether the private respondent possesses the requisite eligibility for being assigned the additional charge of Director, Family Welfare, MCH & Immunization, J&K being a member of the J&K Health & Medical Education (Gazetted) Service.
7. Registry shall issue notice to Respondent No. 2 returnable within four weeks.
8. List on 10.02.2025.
|