JAMMU, Mar 26: While hearing a case including applicant Dr Poonam Sethi, a Bench of Central Administrative Tribunal comprising Rajinder Singh Dogra (Member-J) and Ram Mohan Johri (Member-A) has quashed the Government Order No. 893-JK(HME) of 2024 dated 23.12.2024 whereby additional charge of Director, Family Welfare, MCH & Immunization J&K has been assigned to the Dr Mushtaq Ahmad Rather, Director, Coordination, New GMCs Srinagar.
After hearing Senior Advocate Sunil Sethi for the applicant, CAT observed that, “as per the record, Dr Mushtaq Ahmad has never been borne on the cadre strength of Health & Family Welfare (Gazetted) Service and the Government is also known about this fact”.
It added that “We are not agreeing with the contention of the Government and the private respondent that in the department no other person is eligible for holding such post which is equivalent to post of HoD and expressed displeasure on the appointment of respondent without following the rules and law".
Bench added that in our considered view, the Director should be from same cadre and senior most person should be appointed on in-charge or substantive basis.
The Bench further added that Directors must be appointed from the same cadre, the principle of right to be considered for promotion is a key factor, meaning employees should be considered for higher positions within the same cadre, not necessarily an automatic appointment.
With these observations, CAT, as per Rules 24 and 25 of the J&K Civil Services (Classification, Control & Appeal) Rules, 1956 & Rule 5(1) of the Health and Family Welfare (Gazetted) Service Recruitment Rules, 2013) set aside and quashed the Government Order No. 893-JK(HME) of 2024 dated 23.12.2024. \\
“It added that Respondents are directed to assign the charge of the post of Director Family Welfare, MCH & Immunization J&K to the senior most and eligible member of the Jammu and Kashmir Health and Family Welfare (Gazetted) Service and strictly in accordance with the rule and law governing the field & directed the respondent to consider the case of applicant also while assigning the charge of Director Family Welfare, MCH & Immunization J&K on in-charge basis strictly in accordance with law.
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