Srinagar: The Health and Medical Education (H&ME) Department has relieved Dr. Mushtaq Ahmad Rather of the additional charge of Director, Family Welfare, Maternal and Child Health (MCH) & Immunization, following a High Court judgment that upheld an earlier order of the Central Administrative Tribunal (CAT).
An official order issued on Friday stated that Dr. Poonam Sethi, In-charge Deputy Director (Schemes), Directorate of Health Services Jammu, will now hold the charge of Director, Family Welfare, MCH & Immunization. The arrangement, however, has been described as temporary and subject to the outcome of any pending litigation.
The order also clarified that this arrangement will not confer any preferential rights for regularization or promotion, which will be strictly governed by rules.
The development comes after a long-drawn legal dispute over Dr. Rather’s appointment. In July 2025, the CAT had ruled him ineligible for the post under the J&K Health and Family Welfare (Gazetted) Service Recruitment Rules, 2013. The rules specify that the post can only be filled by promotion or direct recruitment from within the Health and Family Welfare Service, and not by transfer from another department.
The Tribunal had further observed that “administrative convenience cannot override statutory provisions” and criticized the Health Department for delaying Departmental Promotion Committee meetings, which created a shortage of eligible officers.
The case was filed by Dr. Poonam Sethi, who contested Dr. Rather’s appointment and alleged favoritism in his transfer. The CAT directed that if Dr. Sethi is found to be fully eligible and senior-most, she should be appointed to the position. The J&K High Court later upheld the Tribunal’s ruling, leading to the latest administrative order.
Dr. Mushtaq Ahmad Rather will continue to serve as Director Coordination, New GMCs, J&K, without the additional charge of Family Welfare.
[KNT]
