JUDGMENT S.C. Mathur, J. - This is a representative writ petition on behalf of Stenographers working in the District Level Offices in the Food and Civil Supplies Department. Their principal grievance is that there is lack of promotional avenues for Stenographers in the said Department. 2. Petitioner No. 1 is an Association known as Uttar Pradesh Government Stenographers' Association. Petitioner No. 2 Babu Ram was appointed as Stenographer on 2151968 in the office of the District Supply Officer, Ruland Shahr and is presently working in the scale of Rs. 470735. Petitioner No. 3 was appointed Stenographer on 811971 and is working in the office of the District Supply Officer, Mathura. 3. According to the averments made by the petitioners, prior to 1979 there were no Service Rules in the Department relating to the clerical cadre and recruitment to the said cadre and terms and conditions of service of the staff were governed by Government Orders. One such order was issued on 371975 by the State Government in which the staff was divided as follows: (i) Clerical, (ii) Administrative, and (iii) Class IV. Clerical posts were stated to include the posts of clerks, Senior Accounts Clerks, Accountants, Head Clerks and Stenographers. 4. On 771979 Service Rules known as Uttar Pradesh Food and Civil Supplies (Supply Wing) Clerical Cadre Service Rules, 1979, for short, 1979 Rules were promulgated; copy of the Rules is Annexure2. Rule 4 deals with cadre of Service. Rule 2 mentions the following posts: (i) ClerkcumTypist, (ii) Senior Account Clerk, (iii) Head Clerk, (iv) Accountant, and (v) Stenographer. Against the post of Stenographer is mentioned (Ordinary Grade) (10% posts of Stenos are in Selection Grade). Part III of the Rules deals with recruitment to the above posts. Under this Rule recruitment to the post of ClerkcumTypist is by direct recruitment in accordance with the provisions of the Subordinate Officers Ministerial Staff Direct Recruitment Rules, 1975. There is also recruitment by promotion to this post of Group 'D' employees to the extent of 10% of the vacancies in accordance with the Proviso to Rule 7 of 1975 Rules. Recruitment to the post of Senior Accounts Clerk is exclusively by promotion on the basis of seniority subject to rejection of the unfit from amongst permanent ClerkcumTypists. There is also recruitment by promotion to this post of Group 'D' employees to the extent of 10% of the vacancies in accordance with the Proviso to Rule 7 of 1975 Rules. Recruitment to the post of Senior Accounts Clerk is exclusively by promotion on the basis of seniority subject to rejection of the unfit from amongst permanent ClerkcumTypists. Recruitment to the post of Head Clerk and Accountant is by promotion on the basis of seniority subject to rejection of the unfit from amongst the permanent Senior Accounts Clerks of the concerned Division. It is also provided that if in any particular year sufficient number of permanent Senior Accounts Clerks are not available for promotion the field of eligibility nay be extended to include permanent clerkcumTypists who have put in five years' continuous service on that post. Recruitment to the post of Stenographer (Ordinary Grade) is by direct recruitment and to the post of Stenographer (Selection Grade) is by promotion on the basis of seniority subject to rejection of the unfit from amongst permanent Stenographers (Ordinary Grade). 5. On 2661980 the State Government notified Uttar Pradesh Food and Civil Supplies (Supply Wing) Subordinate Service Rules, 1980, for short, 1980, Rules, Annexure3. These Rules cover the posts of Inspector and Senior Inspector. Rule 4 mentions the strength of Service and Rule 5 deals with sources of recruitment to the posts covered by the Rules. There are two sources of recruitment for each of the two posts, namely, direct and by promotion. For the post of Inspector, promotion is from amongst permanent Head Clerks, permanent Accountants working in the supply wing of the Food and Civil Supplies Department and for the post of Senior Inspector, the promotion is from amongst permanent Inspectors. Stenographers working either in the Ordinary grade or in the Selection Grade do not fall in the channel of promotion to either of the two posts. 6. In 1981 the State Government promulgated Uttar Pradesh Food and Civil Supplies Services Rules, 1981, for short, 1981 Rules, Annexure 6. These Rules cover the posts of (i) Area Rationing Officer, (ii) District Supply Officer (Grade III), (iii) District Supply Officer (Selection Grade), (iv) District Supply Officer (Grade II) (v) Deputy Town Rationing Officer, (vi) District Supply Officer (Grade I), and (vii) Assistant Commissioner, Food and Civil Supplies. These Rules cover the posts of (i) Area Rationing Officer, (ii) District Supply Officer (Grade III), (iii) District Supply Officer (Selection Grade), (iv) District Supply Officer (Grade II) (v) Deputy Town Rationing Officer, (vi) District Supply Officer (Grade I), and (vii) Assistant Commissioner, Food and Civil Supplies. There are two sources of recruitment for the post of Area Rationing Officer, direct and by promotion off Senior Supply Inspectors and Chief Supply Inspectors. Similarly there are two sources of recruitment for the post of District Supply Officer (Grade III), direct and by promotion from amongst Area Rationing Officers. Recruitment to the remaining three posts is exclusively by promotion. Thus promotion to the post of District Supply Officer (Selection Grade) is from amongst permanent District Supply Officers and recruitment to the posts of District Supply Officer (Grade II) and Deputy Town Rationing Officer is by promotion from amongst permanent District Supply Officer (Grade III). Recruitment to the posts of District Supply Officer (Grade I) and Assistant Commissioner, Food and Civil Supplies, is by promotion from amongst District Supply Officer (Grade II). 7. From the above it would be seen that clerks, Senior Accounts Clerks, Head Clerks, Accountants and Stenographers, all fall in clerical cadre. A person appointed as ClerkcumTypist has several avenues of promotion while a Stenographer has no avenue of promotion to any higher post. The utmost he has is promotion to higher scale of pay. As seen hereinabove, 10 percent posts of Stenographers are in Selection Grade. Fortunate ones who may get Selection Grade will have to be confined to percentage of 10 mentioned in 1979 Rules. The remaining 90 percent Stenographers do not have even this prospect. 8. As against the Stenographers, ClerkscumTypists have several avenues of promotion. A person who enters service as Clerk can become Senior Clerk by promotion. As already seen, recruitment to the post of Senior Clerk is exclusively by promotion from amongst ClerkscumTypists. From Senior Clerk he can become Head Clerk. Recruitment to the post of Head Clerk is also by promotion from amongst Senior Accounts Clerks exclusively. Thus in the Ministerial cadre itself a person recruited initially as ClerkcumTypist has two higher posts to which he can look forward for promotion. 9. After the Ministerial or clerical cadre is the Inspectorate Cadre. The cadre, as already seen, comprises two posts, Inspector and Senior Inspector. Thus in the Ministerial cadre itself a person recruited initially as ClerkcumTypist has two higher posts to which he can look forward for promotion. 9. After the Ministerial or clerical cadre is the Inspectorate Cadre. The cadre, as already seen, comprises two posts, Inspector and Senior Inspector. Recruitment to the post of Inspector is direct as well as by promotion; 50 percent posts are reserved for persons holding the posts of Accountant and Head Clerk. Once the ClerkcumTypist reaches the post of Head Clerk by promotion he has the prospect of becoming an Inspector against the 50 percent quota mentioned herein. Recruitment to the post of Senior Inspector is also direct as well as by promotion from amongst Inspectors 50% posts are reserved to be filled by promotion. Thus the ClerkcumTypist who has already become Inspector has the prospect of becoming Senior Inspector. Thus two more promotional avenues become available to him which raise the total number of avenues to four. The prospect does not stop here. 10. In the officers cadre, as already seen, there are as many as seven posts. At the bottom is the post of Area Rationing Officer and above it is the post of District Supply Officer (Grade III). Recruitment to both these posts is direct as well as by promotion. Senior Inspectors are eligible for promotion to the posts of Area Rationing Officer and Area Rationing Officers are eligible for promotion as District Supply Officer (Grade III). Thereafter recruitment to the remaining five posts is made by promotion. Thus there are six promotional avenues in the officers cadre itself. 11. From the above it will be seen that the person who enters service in Food and Civil Supplies Department as ClerkcumTypist can one day hope to assume the high office of Assistant Commissioner in his Department. The only caveat is that he must get promotion to nine intermediate posts. Once he gets promotion to nine intermediate Posts he has the prospect of getting the tenth post also. 12. According to the petitioners it is highly discriminatory to provide nine promotional avenues to one class of ministerial employees and not to provide any promotional avenue at all to the other class of ministerial employees. Once he gets promotion to nine intermediate Posts he has the prospect of getting the tenth post also. 12. According to the petitioners it is highly discriminatory to provide nine promotional avenues to one class of ministerial employees and not to provide any promotional avenue at all to the other class of ministerial employees. It was submitted by the learned counsel for the petitioner that according to the decisions of their Lordships of the Supreme Court there should be atleast two promotional avenues and in the absence of such promotional avenues the action of the Government would be invalid and the Rules denying promotional avenue would also be invalid. With this contention the first prayer made in the petition is to declare Rule 5(b) of 1980 Rules ultra vires of the Constitution. The alternative prayer is to command the respondents, namely, U.P. State through the Secretary to Government, Department of Food and Civil Supplies and Commissioner, Food and Civil Supplies to amend the said Rules by placing the post of Stenographer at par with the post of Head Clerk and Accountant for purposes of promotion to the post of Supply Inspector and Senior Supply Inspector and thereafter to higher posts in the Department. What has been claimed as alternative prayer in clause (i) has again been claimed with difference in language in prayer clause (ii). The sum and substance of the prayer is that the authorities may be commanded to amend the relevant Rules in such a manner that stenographers may also be included in the field of eligibility prescribed for promotion to higher posts in the Department. 13. Despite opportunity, the respondents have not filed their return. Therefore, from the side of the State neither there is controversion of the facts stated by the petitioners nor there is justification for excluding Stenographers from the field of eligibility. We have to decide the case on the basis of uncontroverted submissions of the petitioners. 14. 13. Despite opportunity, the respondents have not filed their return. Therefore, from the side of the State neither there is controversion of the facts stated by the petitioners nor there is justification for excluding Stenographers from the field of eligibility. We have to decide the case on the basis of uncontroverted submissions of the petitioners. 14. In support of their plea that the action of the State Government is arbitrary and discriminatory and, therefore, violative of Article 14 and 16 of the Constitution the learned counsel for the petitioners has cited the following authorities: (1) (1983) 3 Supreme Court Cases 284, Y.V., Rangaiah and others v. J. Srinivasa Rao and others : (1983) 1 SLR 789 (SC); (ii) 1988 (Supp) Supreme Court Cases 519, Raghunath Prasad Singh v. Secretary, Home (Police) Department, Government of Bihar and others, AIR 1988 Supreme Court, 1033; (3) (1988) 2 Supreme Court Cases 242, Union Public Service Commission v. Hiranayalal Dev and others : (198B) 3 All India Services Law Journal 60; and (4) AIR 1990 Supreme Court 311, Dr. Ms. Q.Z. Hussain v. Union of India and others. 15. The duties of the stenographer are indeed very much different from the duties of clerks and accountants. That could be a basis for excluding stenographers from the field of eligibility for promotion to higher posts. However, the petitioners pointed out that in several departments of the U.P. Government, stenographers fall in the field of eligibility for higher posts which require performance of duties of entirely different nature. It is accordingly submitted on behalf of the petitioners that exclusion of stenographers from the field of eligibility for promotion to higher posts in the Food and Civil Supplies Department is arbitrary and without any justification. Reference in this connection has been made to the rules obtaining in Sales Tax, Forest, Sugar, Entertainment Tax, Agriculture and Transport departments. It is stated that in the Sales Tax Department 6 per cent posts are reserved for stenographers for promotion to the cadre of Sales Tax Officer Grade II. In the Forest Department under the U.P. Forest Department Clerical Cadre Service Rules, 1981 stenographers are eligible to be promoted as Chief Head Assistant and Head Clerk. Under the U.P. Sugar Department Subordinate Service Rules, 1981 Stenographers fall in the field of eligibility for promotion to the post of Khandsari Inspector. In the Forest Department under the U.P. Forest Department Clerical Cadre Service Rules, 1981 stenographers are eligible to be promoted as Chief Head Assistant and Head Clerk. Under the U.P. Sugar Department Subordinate Service Rules, 1981 Stenographers fall in the field of eligibility for promotion to the post of Khandsari Inspector. In the Entertainment Tax Department stenographers are eligible for promotion to the post of Entertainment Inspector. Under the U.P. Transport Department (Taxation) Subordinate Service Rules, 1979 stenographers fall in the field of eligibility for promotion to the post of Traffic Inspector and Goods Inspector. The petitioner has placed on record copy of Government Order dated 23rd October, 1982 whereby J.C. Tewari, Head Clerk and Hari Shanker Agarwal, Stenographer in Agriculture Directorate were promoted to the post of Administrative Officers. From this it would appear that in the Agriculture Department stenographers were not excluded from the field of eligibility for promotion to administrative posts. In Annexure12 the petitioner has mentioned names of 18 stenographers who were appointed to administrative and inspectorate posts in the Food and Civil Supplies Department prior to the enforcement of the statutory rules mentioned hereinabove. The stenographers mentioned in this list were promoted to the posts of District Supply Officer, Senior Supply Inspector, Area Rationing Officer and Supply Inspector. The State Government has not controverted these allegations. If stenographers working in other departments of the U.P. Government were found fit for promotion to inspectorate and administrative posts we see no reason for exclusion of stenographers in the Food and Civil Supplies Department. It will, therefore, have to be held that the action of the State Government is arbitrary and deserving of quashing. The exclusion arises from the field of eligibility prescribed in Rule 5(1) of the U.P. Food and Civil Supplies (Supply Wing) Subordinate Service Rules, 1980. This rule, so far as it excludes stenographers of the department from the field of eligibility, will accordingly have to be held as ultra vires of Articles 14 and 16 of the Constitution. 16. In Raghunath Prasad Singh (Supra) their Lordships have observed in paragraph 4 of the report in SCC as follows: Reasonable promotional opportunities should be available in every wing of public service. That generates efficiency in service and fosters the appropriate attitude to grow for achieving excellence in service. 16. In Raghunath Prasad Singh (Supra) their Lordships have observed in paragraph 4 of the report in SCC as follows: Reasonable promotional opportunities should be available in every wing of public service. That generates efficiency in service and fosters the appropriate attitude to grow for achieving excellence in service. In the absence of promotional prospects, the service is bound to degenerate and stagnation kills the desire to serve properly. After making these observations their Lordships directed the State of Bihar to provide at least two promotional opportunities to the officers of the State Police in the wireless organisation within six months from the date of pronouncement of the judgment by appropriate amendments of Rules. This authority supports the petitioners' plea that there should be promotional avenues in Government Service. 17. In Dr. Ms. O.Z. Hussain (Supra) their Lordships have observed in paragraph 7 as follows: This Court, has on more than one occasion, pointed out that provision for promotion increases efficiency of the public service while stagnation reduces efficiency and make the service ineffective. Promotion is thus a normal incidence of service. There too is no justification why while similarly placed officers in other Ministries would have the benefit of promotion, the nonmedical 'A' Group scientists in the establishment of Director General of Health Services would be deprived of such advantage. In a welfare State, it is necessary that there should be an efficient public service and, therefore, it should have been the obligation of the Ministry of Health to attend to the representations of the Council and its members and provide promotional avenue for this category of officers. It is, therefore, necessary that on the model of rules framed by the Ministry of Science and Technology with such alterations as may be necessary, appropriate rules should be framed within four months from now providing promotional avenue for the 'A' category scientists in the nonmedical wing of the Directorate. With this observation their Lordships issued direction that within four months from the date of judgment the Ministry of Health and Family Welfare of the Union of India shall frame a set of appropriate rules, inter alia, providing suitable promotional avenue for the 'A' Group scientists in the nonmedical wing of the establishment of Director General of Health Services. This authority also supports the claim of the petitioners. 18. This authority also supports the claim of the petitioners. 18. In view of the above, the writ petition is allowed and Rule 5(1) of U.P. Food and Civil Supplies (Supply Wing) Subordinate Service Rules, 1980 so far as it excludes stenographers from the field of eligibility for promotion to the post of Inspector is hereby declared ultra vires. The State Government shall make suitable amendments in the said rules so as to include the stenographers also in the field of eligibility for promotion to the post of Inspector. There shall be no order as to costs.