SRINAGAR, Aug 22: After directions from the Central Administrative Tribunal (CAT), the Health and Medical Education (H&ME) Department has removed Dr. Mushtaq Ahmad Rather from the additional charge of Director, Family Welfare, MCH & Immunization.
According to an order issued here, Dr. Poonam Sethi, I/C Deputy Director (Schemes), Directorate of Health Services, Jammu, will now look after the charge of Director, Family Welfare, MCH & Immunization.
The order further stated that Dr. Mushtaq Ahmad Rather, currently Director Coordination, New GMCs, J&K, has been relieved of the additional charge.
It has been clarified in the order that the assignment is on a temporary basis and subject to the outcome of litigations, if any, pending before the courts.
It also underlined that the arrangement shall not confer any preferential rights for regularization or promotion, which will be made strictly under the rules.
Pertinent to mention here, Dr. Rather was recently involved in a legal dispute over his appointment as Director, Family Welfare, MCH & Immunization.
The CAT had ordered his removal citing ineligibility, a decision later upheld by a Division Bench of the J&K High Court.
The case was brought by another contender, Dr. Poonam Sethi, who alleged favoritism in his transfer from another department.
In July 2025, the CAT ruled that Dr. Rather was “ineligible” for the post under the J&K Health and Family Welfare (Gazetted) Service Recruitment Rules, 2013.
These rules stipulate that the position can only be filled by promotion or direct recruitment from within the Health and Family Welfare Service, and not through transfer.
The Tribunal observed that “administrative convenience cannot override statutory provisions” and criticized the Health Department for delaying Departmental Promotion Committee meetings, which led to a shortage of eligible officers.
It further directed that if Dr. Poonam Sethi is found fully eligible and the senior-most, she should be appointed as Director, Family Welfare, MCH & Immunization.
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