JUDGMENT : Mohammad Yaqoob Mir, J. 1. (a) Petitioner having competed in the Combined Civil Service Competitive Examination has been appointed as Assistant Director Tourism on 18.06.1984. (b) In the year 1996, vide Govt, order No. 03-TSM of 1996 dated 05.01.1996, petitioner has been adjusted as Deputy Director Tourism in his own pay and grade purely by way of stop-gap arrangement. (c) In the year 2004, he filed SWP No. 1530/2004 praying for regularization on the post of Deputy Director with effect from 05.01.1996. As against the said claim, respondents No. 1 and 2, in their objections, have stated that the post of Deputy Director Tourism is a cadre post of the Jammu & Kashmir Administrative Service and is required to be filled up in accordance with the provisions of the Jammu & Kashmir Administrative Service Rules, 1979. A detailed and comprehensive procedure is laid down in these rules for induction into the service from different feeding services, therefore, there is no scope for regularization, more so petitioner had been simply adjusted by way of stop-gap arrangement in his own pay and grade, he was never promoted nor could be promoted unless inducted into Kashmir Administrative Service (hereinafter for short KAS). During the pendency of SWP No. 1530/2004, petitioner filed another petition bearing SWP No. 2019/2004 with the prayer to direct the respondents to bring the petitioner in the consideration zone based on his annual performance reports which stand forwarded to the respondents for his induction into KAS. In the reply filed by respondents No. 1 and 2 therein, the earlier position has been reiterated and it has been stated that the case of the petitioner will be considered as and when his Administrative Department furnishes the requisites whereas in the reply filed by respondent No. 3 therein i.e. Principal Secretary to Govt. Tourism Department) it is stated that the case registered as FIR No. 160/1998, P/S VOK, registered against the officers/officials of the Tourism Department including Shri Anil John (petitioner), has been sent to Commissioner/Secretary to Govt. General Administration Department (Vigilance) for regular departmental action on 30th January, 2001. The said Department has forwarded it to Principal Secretary to Govt. Tourism and Floriculture Department on 16.09.2004. Furthermore, investigation of the case FIR No. 43/2000, P/S VOK registered against the officers/officials of Tourism Department including Shri Anil John (petitioner) has been completed as proved and is under legal scrutiny. The said Department has forwarded it to Principal Secretary to Govt. Tourism and Floriculture Department on 16.09.2004. Furthermore, investigation of the case FIR No. 43/2000, P/S VOK registered against the officers/officials of Tourism Department including Shri Anil John (petitioner) has been completed as proved and is under legal scrutiny. It is further stated that in the year 2007, a meeting to review induction of the officers of J&K Tourism (Gazetted) Service into KAS was held in the office of Principal Secretary to Government, General Administration Department on 25.06.2007. In the said meeting, case of the petitioner was examined and following decision was taken: "Shri Anil John could not be considered for induction into KAS so far because his complete APRs for the past five years have not been made available by the Tourism Department. It was decided that the APRs of the officer sent to the General Administration Department earlier would be returned to Tourism Department for authentication and completion. The department shall submit complete APRs of the officer from 2000-2001 onwards to General Administration Department along with other necessary documents like integrity certificate, vigilance clearance, certificate about pending or otherwise of any department enquiry, etc. Further, the Tourism Department would if necessary record a certificate to the effect that Shri John did not perform any assignment during the period, he remained attached in the Tourism Department". It is further stated that the case of the petitioner for induction into KAS shall be re-submitted to the General Administration Department along with APRs and other requisite certificates. 2. (a) One more petition bearing SWP No. 111/2005 was filed by the petitioner seeking quashment of the order No. 08-GAD of 2005 dated 04.01.2005 to the extent it pertains to the respondent No. 8 therein (L. Thinless, Deputy Director), with a further prayer for directing the respondents to induct him into KAS with effect from the date petitioner deserves to be inducted. (b) Respondents No. 1, 2, & 5 therein have filed detailed reply wherein it has been stated that a comprehensive and detailed procedure is provided for induction into KAS under the Jammu & Kashmir Administrative Service Rules, 1979. It is also stated that criteria conditions are to be satisfied by the Administrative Department in respect of the eligible officers for consideration of the Establishment-cum-Selection Committee for induction into KAS. It is also stated that criteria conditions are to be satisfied by the Administrative Department in respect of the eligible officers for consideration of the Establishment-cum-Selection Committee for induction into KAS. (c) In the reply it is further stated that among members of Jammu & Kashmir Tourism (Gazetted) Service, petitioner has been identified to have lagged behind in the matter of induction into KAS. The Establishment-cum-Selection Committee in its meeting held on 15th March, 2006 considered the petitioner also and has reserved one unutilized vacancy of the year 2004 for the petitioner till his APRs are made available by his Administrative Department, which has been informed that before the case of the petitioner is further processed for consideration of the Committee, the following documents/information in respect of the petitioner may be submitted: 1. Integrity certificate 2. Complete APRs for the years 2000-01, 2003-04 and 2004-05. (d) Further the Department has also been requested to intimate the action taken report on the initiation of regular departmental action arising out of FIR No. 160/1998 VOK as recommended by the State Vigilance Organization vide communication dated 30.01.2001. On receipt of said information from the Administrative Department, the case will be placed before the Establishment-cum-Selection Committee for consideration under rules. (e) In the reply it is further added that in the year 1997, five slots were apportioned for Jammu and Kashmir Tourism (Gazetted) Service. The petitioner figured at serial No. 8 of the list of eligible officers recommended for induction into KAS. Against the said five slots, four officers were inducted on the basis of merit and suitability vide Govt. order No. 1864-GAD of 1997 dated 27.11.1997 and in case of one officer, sealed cover procedure was adopted who later on came to be inducted into KAS vide Govt, order No. 610-GAD of 1999 dated 28.05.1999. 3. In the afore-stated circumstances, it is stated that the petitioner was considered but could not be inducted into KAS in view of limited vacancies. It is further added that in the year 2004, three vacancies were allotted to the J&K Tourism (Gazetted) Service for induction into KAS. Petitioner was considered by the Establishment-cum-Selection Committee in its meeting held on 25.11.2004 but could not be assessed for want of APRs, as such, his case was deferred and he could not be inducted into KAS along with other members who were inducted vide impugned Govt. order. 4. Petitioner was considered by the Establishment-cum-Selection Committee in its meeting held on 25.11.2004 but could not be assessed for want of APRs, as such, his case was deferred and he could not be inducted into KAS along with other members who were inducted vide impugned Govt. order. 4. One more situation surfaced i.e. Vigilance Organization vide its communication dated 14.03.2006 has intimated that case FIR No. 43/2000 is pending against the petitioner and investigation whereof has been completed as proved. 5. Again one more petition (SWP) No. 1016/2006 has been filed by the petitioner with the prayer that the respondents No. 1 to 5 in the petition in general and respondent No. 3 in particular shall be directed to locate/find the misplaced APRs of the petitioner forwarded to him for the year 2000-2005 by the respondent No. 5 vide his communication dated 1.6.2000 for year 1999-2000, vide communication dated 17.01.2002 for the year 2000-2001, vide communication dated 08.07.2002 for the year 2001-2002, vide communication dated 20.12.2004 and for the year 2003-2004, vide communication dated 08.02.2006 for the year 2004-2005 and to place the same before the Selection/Screening Committee meant for induction in KAS so as to accord consideration to the case of the petitioner for induction in KAS. Respondents No. 1, 4 and 5 have filed detailed reply stating therein that the procedure/criteria required to be fulfilled by the Administrative Department in respect of eligible officers for consideration by the competent authority for induction into KAS is as under: I. Eligibility list incorporating the details of the date of birth, date of substantive appointment in the pay scale of Rs. 7500-12000 status (whether belonging to any of the reserved categories) of the officers in the zone of consideration; II. Final seniority list of the service; III. APR's with gradation chart of the eligible officers for preceding five years; IV. Vigilance status; V. Certificate (in the prescribed proforma) regarding: (a) Integrity (b) Departmental/criminal proceedings (c) Maintenance of 50:50 ratio between direct recruits and promotes as per SRO 210 of 1994. 6. It is made clear in the reply that the petitioner was eligible for induction into KAS in the year 1997, his case was recommended by the respondents to the competent authority i.e. General Administration Department for necessary action but in view of limited slots allotted to the Tourism Department, he could not be inducted. 6. It is made clear in the reply that the petitioner was eligible for induction into KAS in the year 1997, his case was recommended by the respondents to the competent authority i.e. General Administration Department for necessary action but in view of limited slots allotted to the Tourism Department, he could not be inducted. So far as claim of the petitioner for induction in the year 2004 and 2006 is concerned, a case was registered as FIR No. 160/1998 P/S VOK wherein Vigilance Organization had recommended departmental inquiry which was conducted and the report was forwarded to the General Administration Department. General Administration Department not satisfied with the report as having raised some queries, therefore, ordered another enquiry. Subsequently in the year 2000, FIR No. 43/2000 P/S VOK was registered against the officers/officials of Tourism Department which include petitioner. The investigation of the case has been completed as proved and the Government through General Administration Department issued sanction for prosecution of the petitioner. Therefore, in view of the said two cases, vigilance clearance i.e. certificate to the effect that no criminal/departmental proceedings were pending against the petitioner could not be issued. Without vigilance clearance, induction into KAS is not possible, as such, induction has been deferred by the competent authority. The competent authority i.e. GAD reserved one slot for the petitioner for the year 2004 against the overall vacancies of the cadre and in pursuance of the same, department prepared case of the petitioner for consideration of the competent authority but in view of two FIRs and prosecution having been sanctioned by the Government, department decided to withhold the integrity certificate of the petitioner. Presently APRs of the petitioner for the year 2000 to 2007 are available with the respondents which are required to be submitted to GAD along with APRs of other eligible officers of the Tourism Department for enabling GAD to consider eligible officers of Tourism Department including the petitioner for induction into KAS but in view of interim orders passed by the Court, respondents are unable to submit the requisite APRs and other relevant documents/certificates to GAD. 7. The respective pleadings of the parties in all the above referred writ petitions filed by the petitioner, Mr. Anil John, would suggest that there is no scope for allowing SWP No. 1530/2004 wherein petitioner had sought regularization as against the post of Deputy Director Tourism. 7. The respective pleadings of the parties in all the above referred writ petitions filed by the petitioner, Mr. Anil John, would suggest that there is no scope for allowing SWP No. 1530/2004 wherein petitioner had sought regularization as against the post of Deputy Director Tourism. Admittedly, petitioner on the basis of his adjustment as Deputy Director in his own pay and grade purely on stop arrangement pursuant to Govt. order dated 05.01.1996, has worked continuously. Question is as to whether on such basis regularization can be ordered. Answer is in negative because firstly petitioner was never promoted to the post of Deputy Director and secondly it being a KAS cadre post is required to be filled up in accordance with provisions of Jammu and Kashmir Administrative Rules, 1979. Promotion de horse the rules is impermissible, therefore, there is no question of regularization against such a post unless a person is inducted into KAS. SWP No. 1530/2004 being without merit is dismissed. 8. In SWP Nos. 2019/2004, 111/2005 and SWP No. 1016/2006, essentially prayer is to order consideration of the case of petitioner for induction into KAS. The respondents have made it clear that in the year 1997 petitioner was eligible along with other officers. The cases of eligible officers were forwarded to the General Administration Department (competent authority) and thereafter placed before Establishment-cum-Selection Committee. Since only five slots were allotted to Tourism Department, five eligible officers in the order of merit were inducted into KAS. The petitioner figured at serial No. 8, therefore, there was no scope for his induction which position is not controverted. 9. In the year 2004, Establishment Committee had taken a view that the petitioner has lagged behind so one slot for the petitioner against overall vacancies of the cadre was reserved as the APRs of the petitioner were not available. The APRs have been now made available but another situation has emerged i.e. a case was registered against the petitioner as FIR No. 160/1998 P/S VOK, wherein, on conclusion of investigation, departmental action was recommended. In the process it further emerged that in the year 2000 another case i.e. FIR No. 43/2000 P/S VOK was registered, therefore, vigilance clearance and certificate to the effect that no criminal/departmental proceedings were pending could, not be issued by the department in favour of the petitioner. 10. In the process it further emerged that in the year 2000 another case i.e. FIR No. 43/2000 P/S VOK was registered, therefore, vigilance clearance and certificate to the effect that no criminal/departmental proceedings were pending could, not be issued by the department in favour of the petitioner. 10. Learned counsel for the petitioner would submit that the petitioner had issued the vigilance clearance vide Communication No. TSM/Estt-73/81-11, dated 05.10.2004, where-under it has been mentioned that General Administration Department (Vigilance) in the OM No. GAD (Vig) 27-NOC/02-TSM, dated 08.04.2003 has said that vigilance clearance or otherwise has been duplicated in favour of officers which include the petitioner. In the said OM dated 08.04.2003, issued by Under Secretary to Govt. General Administration Department (Vigilance), it has been clearly mentioned that Shri Anil John (petitioner), Deputy Director Tourism, is involved in a case FIR No. 43/2000 P/S VOK which is under investigation in the Vigilance Organization. Besides another case bearing FIR No. 160/1998 has been lodged against the said officer which has been referred to the Tourism Department for taking departmental action against him vide memo dated 28.03.2001 and in this regard report is still awaited. Vis-à-vis four officers, it has been made clear that no vigilance case is registered against them and vigilance clearance has been issued for their induction into KAS. In the said OM no clearance has been issued in favour of the petitioner. It is wrongly projected that vide OM dated 05.10.2004 vigilance clearance was issued in favour of the petitioner. Rightly so could not be issued as two cases were pending against him. No doubt, vide communication dated 04.10.2004, addressed to Principal Secretary & Secretary to Govt. Tourism Department, Srinagar, Director General Tourism, while referring to his letter dated 01.10.2004, issued the integrity certificate in favour of six officers including petitioner but finally, during further course of action, department has made it clear that vigilance clearance and the certificate cannot be issued in view of pending department enquiry initiated on the recommendations of Vigilance Organization in case FIR No. 160/1998 and pendency of the case registered as FIR 43/2000 P/S VOK. 11. Learned counsel for the petitioner meeting this situation stated that the case based on FIR No. 43/2000 P/S VOK has been rejected by the Court of Additional Special Judge, Anti-corruption (Kashmir) Srinagar vide his order dated 16.04.2012. 11. Learned counsel for the petitioner meeting this situation stated that the case based on FIR No. 43/2000 P/S VOK has been rejected by the Court of Additional Special Judge, Anti-corruption (Kashmir) Srinagar vide his order dated 16.04.2012. In support whereof, has produced photocopy of the said order, perusal of which would reveal that the Court has observed that "all the accused have not been send for trial when the material on record disclose that all involved have not been arrayed as accused. Cognizance could be taken against them but their names and addresses are not available and for absence of sanction in terms of Section 6 of PC Act as against those left out accused". In the said order learned trial court has observed that "prima-facie accused named in the charge sheet are involved in the case" which would suggest that the accused including petitioner have not been exonerated. The charge sheet has been returned for conducting further investigation and for sending all the accused involved for trial. In short, case has not been closed, same is pending. 12. The Additional Secretary to Govt. Tourism Department vide his communication dated 22nd September, 2008 bearing OM No. TSM/Estt-73/81-111 has forwarded the available APRs of the petitioner. Further it has been mentioned therein that the integrity certificate cannot be issued for the time being in view of the fact that prosecution has been sanctioned in case FIR No. 43/2000 P/S VOK and the pendency of enquiry as a result of FIR No. 160/98 P/SVOK. 13. The case of the petitioner for induction into KAS has not been rejected but finalization of the same is dependent on satisfying the criteria and other requirements as referred to hereinabove which include certificate regarding integrity and the vigilance status. Unless the criterion is satisfied, how can petitioner be inducted into KAS. It is obvious that departmental enquiry is pending, proceedings in the case FIR 43/2000 P/S VOK are also pending, so the prayer made for directing the respondents to consider case of the petitioner for induction into KAS cannot be granted because the respondents department has already initiated the process as the case has been already placed before the Establishment-cum-Selection Committee and it is the petitioner who has to satisfy the criteria, more particularly the requirement for considering him for induction into KAS. There is a valid reason for the respondents in not issuing the clearance or integrity certificate in favour of the petitioner. In the said premises, the relief sought in these petitions at this stage cannot be granted. 14. Lastly, learned counsel for the petitioner contended that the petitioner has been working against the post of Deputy Director for last more than two decades in his own pay and grade, therefore, at least grade may be released in his favour as has been done in the case of one Shri Choudhary Wazir Hussain who vide Govt. Order No. 1733 - GAD of 2009, dated 14.12.2009 has been placed in the grade of Rs. 10,000-15,200 (pre-revised)(Time Scale of the Jammu and Kashmir Administrative Service) being a member of the J&K Tourism (Gazetted) Service from 12.02.2008 up to the date of his retirement on the post of Deputy Director, Tourism (Registration) (KAS post) on 31.10.2009. It being so, on representation of the petitioner, the respondents shall consider case of the petitioner in accordance with relevant applicable rules for release of grade on parity basis. Viewed thus, all the writ petitions are dismissed along with connected CMAs reserving right to the petitioner to re-agitate subject to accrual of cause.