How Sham brightened his own mornings in Health

Once a pharmacist and now Minister of Health in Omar Abdullah-led coalition Government, Sham Lal Sharma, has brazenly violated all rules, norms and principals of propriety in making appointment of almost all heads of departments (HoDs) as he went for a pick-and-choose of his favourites and sycophants. None of these appointments has been cleared by the State Government's Establishment-cum-Selection Committee (ESC), headed by Chief Secretary, or confirmed by the Cabinet, headed by Chief Minister.

Upon the superannuation of Dr Mohammad Amin Wani on 31-03-2011, Assistant Director Dr Saleemur Rehman was picked up and appointed as Director of Health Services Kashmir. It is perhaps immaterial to mention that Dr Rehman had a break in service for nearly four years or he figured in the seniority list of the department's Assistant Surgeons far beyond 550. But, it is more than significant that Dr Rehman was confirmed as Assistant Director (AD) by J&K Public Service Commission on lately as on 24-03-2009. Without the Minister's undue favour, he would have reached the rank of Director in 2019.

Days before Dr Amin Wani's retirement, Special Secretary Health, Manzoor Ahmad Shah, made a panel of seniormost officials and forwarded it to ESC and Cabinet through Minister incharge Health. According to well placed sources in the department, name of Deputy Director (DD) Headquarters, Dr Gursharan Singh, stood on the top of the panel by virtue of his seniority and performance. Without forwarding the panel to the competent authority, Minister turned down the proposal. He instead sent the file directly to Chief Minister with the recommendation that Dr Saleemur Rehman be appointed to function as Incharge Director. The CM, according to sources, approved the suggestion but made it clear that the incumbent would hold the charge temporarily till availability of the qualified and suitable official. On 01-04-2011, Dr Rehman took over as Director Health Services Kashmir.

According to sources in bureaucracy, Cabinet alone happens to be the competent authority of appointment of an HOD, including Director Health Services. The proposal, according to these sources, should have been forwarded by the Minister to ESC, on way to Cabinet, through circulation of CM. Administrative experience of seven to 10 years as AD/DD, besides continuity of service without break and top grade APRs for the previous five years, have been fixed as pre-requisites for consideration of an incumbent as HoD.

Interestingly, the administrative department of Health and Medical Education had submitted in a court just two months before that Dr Saleemur Rehman was simply an AD, who had neither seniority nor other qualifications required for appointment of a Director. This averment, duly approved by the Minister, was submitted to J&K High Court when Dr Saleemur Rehman challenged the appointment of Dr Rakesh Khajuria as Director Family Welfare, J&K. The petitioner, Dr Rehman got the order stayed from the court.

In the Letters Patent Appeal (LPA) against the Order/Judgment dated 31-12-2010 passed by Justice Hasnain Masoodi in Dr Saleemur Rehman's SWP No: 1539/2010, Senior Additional Advocate General, Ali Mohammad Magray, submitted to the court a statement of facts, on 28-01-2011, that had been drafted by Department of Health and Medical Education. It reads:

"It is respectfully submitted that the contesting respondent (Dr Saleemur Rehman) had applied against the direct recruitment post of Assistant Director filled up on recommendations of the PSC in terms of Commission's recommendation conveyed vide No: PSC/DR/HME/AD/DTO/07 dated 24-03-2009 and on acceptance of the recommendations, the appellants accorded sanction to his appointment as Assistant Director, Family Welfare, Srinagar in the pay scale of Rs 10,000-15,200 vide Government Order No: 165-HME of 2009 dated 2-4-2009….."

It adds: "That the respondent admittedly is appointed as Assistant Director Family Welfare against the direct recruitment post in terms of Government Order No: 165-HME of 2009 dated 2-4-2009 on the recommendations of PSC, therefore, for all intends and purposes of law, he (Dr Rehman) is on probation and can not be treated as a Member of the service unless he is brought on substantive appointment after declaring the period of probation as having completed successfully. Besides, the respondent (Dr Rehman) on completion of such probation has to be considered for the post of Deputy Director Health Services".

While Dr Saleemur Rehman, according to Government itself, was yet to be confirmed as Deputy Director on 28-01-2011, he got a windfall on 31-03-2011 when, without any direction from High Court or the Cabinet, he was appointed as Director of Health Services Kashmir.

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