Jammu, July 31: In C.P./252/2025 (JAMMU) In O.A./73/2025 titled DR POONAM SETHI Vs DR. SYED ABID RASHEED SHAH after hearing CAT ordered as under:-
Vide order dated 26.03.2025 passed by this Tribunal, the respondent no. 2 Dr. Mushtaq Ahmad Rather, Director, Coordination, New GMCs, Srinagar, who was given the charge of Director, Family Welfare, was directed to appoint some eligible person who is senior most in the services with the following observations:
"This Court has quashed and set aside the order dated 23.12.2024 and direct the respondents 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 accordance with the rule and law governing the field".
Respondents are further directed to consider the case of the applicant also while assigning the charge of Director Family Welfare, MCH & Immunization J&K on in-charge basis strictly accordance with law.
It has now been four months since the order was passed, and the contemnors have neither approached the Hon'ble High Court for a stay nor complied with the said order.
This Court is, therefore, of the opinion that it is unjustifiable for an ineligible person to continue holding the post in question till date.
Accordingly, the respondents are directed to take charge from the said ineligible person with immediate effect. Thereafter, if the petitioner is found to be fully eligible and the senior-most candidate, he shall be appointed to the post before the next date of hearing.
List on 14.08.2025.
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