Importing Dr Rather to Family Welfare act of favouritism: HC
Fayaz Bukhari
Srinagar, Aug 14: The Central Administrative Tribunal (CAT) today sought personal appearance of Dr Syed Abid Rasheed Shah, Secretary to Government, Health and Medical Education Department, in a contempt case for not removing Dr Mushtaq Rather as Director Family Welfare, MCH and Immunization.
The CAT in its judgement today said: “…Dr Syed Abid Rasheed Shah, Secretary to Government, Health & Medical Education Department …is directed to remain present on the next date (Aug 19) of hearing before this court to explain why the charges may not be framed against him for disobeying the orders of this court.”
“Despite various opportunities granted to the contemnors, they have not complied with the order of the Tribunal,” the CAT order read.
The Tribunal last month directed the Secretary to take charge of Director Family Welfare from Dr Mushtaaq Rather who is ineligible person with immediate effect and directed for appointment of eligible and senior most candidate from health Dept to the post of Director.
“Despite the order of this court, the contemnor has not complied with the directions of this Tribunal. We are of the opinion that the concerned official has deliberately tried to overreach the order of this court,” read the order.
The CAT passed the order on a petition filed by Dr Poonam Sethi who had challenged the appointment of Dr Rather as Director and prayed for her appointment in his place for being the eligible and senior most candidate.
In the meantime, the High Court upheld the CAT ruling of setting aside the Government order assigning Dr Mushtaq Ahmad Rather additional charge of Director, Family Welfare, MCH and Immunization.
A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar dismissed Dr Rather’s petition challenging the CAT order. It observed that he belongs to the J&K Medical (Gazetted) Service and is not part of the feeder cadre under the J&K Health and Family Welfare (Gazetted) Service Recruitment Rules, 2013.
The Division Bench underlined that 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, and there is no provision for transfer from another service.
The Bench added that administrative convenience cannot override statutory provisions and criticized the Health Department for failing to convene timely Departmental Promotion Committee meetings, leading to a shortage of eligible officers.
Court observed that appointment of Dr Rather is favouritism on part of the Government. “The petitioner is already holding the position in the Department of Medical Education and, therefore, importing him to the department of Health and Family Welfare smacks of an act of favouritism,” the court said.
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