ORDER 1. All impleadment applications are dismissed. 2. In the writ petition filed under Article 32 of the Constitution of India the petitioners are challenging the validity of Rule 5(l) (a) (ii) of the UP. Food and Civil Supplies (Marketing Branch) Subordinate Service Rules, 1980 (hereinafter referred to as "the Subordinate Service Rules") relating to promotion to the post of Marketing Inspector and the corrected seniority list dated 26-9-1984 of the employees working on clerical grade in the Food and Civil Supplies Department of the Government of U.P. 3. The recruitment and conditions of service of persons appointed to ministerial posts in the Marketing Branch of the Department of Food and Civil Supplies falling in U.P. Food and Civil Supplies (Marketing Branch) Ministerial Service (hereinafter referred to as "the Ministerial Service") are regulated by the U.P. Food and Civil Supplies (Marketing Branch) Ministerial Service Rules, 1979 (hereinafter referred to as "the Ministerial Service Rules"). As per Rule 4 of the Ministerial Service Rules the Ministerial Service consists of a number of posts, viz., IV Grade Clerk, a Junior Accounts Clerk, Record Clerk, Senior Accounts Clerk, III Grade Clerk, Accountant, II Grade Clerk, Statistical Assistant, Head Clerk and Stenographer. As per Rule 22 of the Ministerial Service Rules the post of IV Grade Clerk was in pay scale of Rs 200-320, the posts of Junior Accounts Clerk, Record Clerk, Senior Accounts Clerk and III Grade Clerk were in the pay scale of Rs 230-385, the posts of Accountant, II Grade Clerk and Statistical Assistant were in the pay scale of Rs 250-425. Head Clerk was in the pay scale of Rs 280-460. The post of Stenographer was in the pay scale of Rs 250-425 but Stenographer (Selection Grade) was in the pay scale of Rs 300-500. Under Rule 5 of the Ministerial Service Rules appointment by direct recruitment could be made only on the posts of IV Grade Clerk and Junior Accounts Clerk and Stenographer (Ordinary Grade) and the rest of the posts were to be filled by promotion only. Appointment on the posts of Record Clerk, Senior Accounts Clerk and III Grade Clerk was by promotion from amongst permanent TV Grade Clerks and Junior Accounts Clerks of the region concerned. Appointment on the posts of Record Clerk, Senior Accounts Clerk and III Grade Clerk was by promotion from amongst permanent TV Grade Clerks and Junior Accounts Clerks of the region concerned. Similarly, appointment on the posts of Accountant, II Grade Clerk and Assistant was by promotion from amongst permanent Record Clerks, Senior Accounts Clerks and III Grade Clerks of the region concerned. Appointment to the post of Head Clerk was by promotion from amongst Accountants, II Grade Clerks and Assistants of the region concerned. Under Rule 21 of the Ministerial Service Rules seniority list was to be maintained separately for each region for each category of posts and in respect of the posts of Stenographers a combined seniority list for the entire State was required to be maintained. The various posts in the Ministerial Service mentioned above were subsequently redesignated and now they are designated as Junior Clerks/Typists, Accountants, Clerks, Senior Clerks, Assistant Accountants and Senior Assistants apart from Stenographer. 4. The Subordinate Service Rules govern recruitment to the post of Marketing Inspector and Senior Marketing Inspector. In the present case we are concerned with appointment on the post of Marketing Inspector. Rule 5(1) (a) of the Subordinate Service Rules, which makes provision for recruitment on the post of Marketing In spector by direct recruitment as well as by promotion, reads as under : "5. (1) Recruitment to various categories of posts in the Service shall be made from the following sources : (a) Marketing Inspector (i) by direct recruitment through the Commission and; (ii) by promotion through the Commission on the basis of seniority subject to the rejection of unfit from amongst Statistical Assistants, II Grade Clerks, Accountants, III Grade Clerks, Accounts Clerks, Recordkeeper, Senior Accounts Clerks, Junior Accounts Clerks and IV Grade Clerks who are permanent in the post of IV Grade Clerks or on any other post : Provided that if sufficient number of permanent incumbents are not available for promotion, recruitment by promotion may be made from a amongst temporary incumbents of the above-noted posts, who have put in at least five years service on the post of IV Grade Clerks or in any other post. Note. -For the purpose of promotion a combined seniority list shaH be prepared on the basis of the date of continuous appointment in the service." 5. Note. -For the purpose of promotion a combined seniority list shaH be prepared on the basis of the date of continuous appointment in the service." 5. Under sub-rule (2) of Rule 5 it is prescribed that 50% of the posts are to be filled by promotion and 50% by direct recruitment but when suitable candidates are not available for promotion in any category of posts the unfilled vacancies reserved for promotion shall be filled by direct recruitment. 6. By notification dated 27-9-1993 the Subordinate Service Rules were amended and Rule 5(1), as amended, reads as follows : "5. Recruitment to the various categories of posts in the service shall be made from the following sources : (1) Marketing Inspector- (a) Seventy-five per cent by direct recruitment through the Commission; and (b) Twenty-five per cent by promotion through Selection Committee from amongst substantively appointed, such incumbents of the posts of the categories mentioned in clauses (i) and (ii) as have completed five years of service on any one or more of the posts of the said categories on the first da of the year of recruitment. (i) Senior Assistant, Assistant, Accountant, Senior Clerks, Accounts Clerks and Junior Clerks/Typists to the extent of twenty per cent of the posts, (ii) Stenographer to the extent of five per cent of the posts." (The note has been omitted.) 7. Sub-rule (2) of Rule 16, as amended, provides : "16. (2) The appointing authority shall prepare eligibility list of the candidates in accordance with the Uttar Pradesh Promotion by Selection (On Posts Outside the Purview of the Public Service Commission) Eligibility List Rules, 1986 and place the same before the Selection Committee along with their character rolls and such other record, pertaining to them, as may be considered necessary : Provided that where promotion to any category of person is to be made from more than one feeder grade, eligibility list shall be prepared at the State level by arranging names of persons in the field of eligibility in order of seniority as determined by the dates of their substantive appointment on their respective posts and where two or more persons were appointed as such on the same date the person older in age shall be placed higher in the list. In so arranging the names, the inter se seniority of persons holding the same post shall not be disturbed : Provided further that where posts in the feeder cadres are in different scales of pay, names of persons in higher scales of pay shall be placed in the eligibility lists first and the names of persons holding posts in lower scale of pay shall be placed thereafter." 8. Vinod Kumar Mishra, Petitioner 1 herein, was initially appointed on a the post of Kamdar, a Class IV post, on 24-1-1973. Subsequently, by order dated 16-5-1977, he was appointed on the post of Recordkeeper on ad hoc basis. The said appointment of Petitioner 1 was purely temporary. In the letter of appointment it was stated that he would not be considered for the post of Marketing Inspector and Grade IV Clerk. Subsequently, by order dated 2-4-1981, the said condition was deleted. In the corrected seniority list dated 26-9-1984 Petitioner 1 has been placed at Serial No. 1141 on the basis of the date of his joining as Recordkeeper under the order of appointment dated 16-5- 1977. Gian Chand Verma, Petitioner 2 herein, was appointed as Recordkeeper on 13-5-1977. In the corrected seniority list dated 26-9- 1984 he has been placed at Serial No. 1140 on the basis of the date of his joining as Recordkeeper. 9. The grievance of the petitioners is that prior to amendment of the Subordinate Service Rules in 1993 there was a note in Rule 5(1) (a) which laid down that for the purpose of promotion a combined seniority list shall be prepared on the basis of the date of continuous appointment in the service and that the said provision was violative of the provisions of Articles 14 and 16 of the Constitution. The submission is that by treating the services of different categories of ministerial employees, who were eligible for consideration for promotion to the post of Marketing Inspector under Rule 5(1) (a) (ii) on the same footing and by providing for a combined seniority list on the basis of date of continuous appointment in the service on those different posts, unequals were treated equally and this was impermissible. It has been urged that the petitioners were appointed on the post of Recordkeeper, which was a post higher than the post of Grade IV Clerk since the pay scale for the post of Recordkeeper was higher than that for the post of Grade IV Clerk and since a Grade IV Clerk could be appointed as Recordkeeper only by promotion, the seniority of the petitioners and Grade IV Clerks could not have been fixed with reference to the respective dates of their appointment on the post of Recordkeeper and Grade IV Clerk in the combined seniority list that was required to be prepared for the purpose of promotion to the post of Marketing Inspector. This contention of the petitioners has to be examined in the light of the provisions that were contained in Rule 5(1) (a) (ii) which made provision for promotion to the post of Marketing Inspector. In Rule 5(1) (a) (ii) it was provided that all persons holding the posts of Statistical Assistant, II Grade Clerk, Accountant, III Grade Clerk, Accounts Clerk, Recordkeeper, Senior Accounts Clerk, Junior Accounts Clerk and IV Grade Clerk who were permanent on the post of IV Grade Clerk were eligible for consideration for promotion to the post of Marketing Inspector. In other words, all persons who were permanent on the post of IV Grade Clerk were eligible for consideration. The Note to Rule 5(1) (a) (ii) provides for preparation of a combined seniority list on the basis of the date of centinuous appointment in the service meaning the post of Grade IV Clerk because direct appointment could be made only on the post of Grade IV Clerk. The reason for making a combined seniority list on this a basis was that under Rule 21 of the Ministerial Service Rules the seniority list for the various categories of posts was to be maintained separately for each region and promotion to the various categories of posts in the Ministerial Service was being made on regional basis and there was no uniformity in the matter of promotion to the higher posts in the Ministerial Service. The rule-making authority, therefore, considered it advisable to make all persons holding the posts of permanent Grade IV Clerks irrespective of the posts held by them in the Ministerial Service, eligible for being considered for promotion to the post of Marketing Juspector. The rule-making authority, therefore, considered it advisable to make all persons holding the posts of permanent Grade IV Clerks irrespective of the posts held by them in the Ministerial Service, eligible for being considered for promotion to the post of Marketing Juspector. We are unable to hold that in doing so the rule-making authority has acted arbitrarily or has treated unequals equally. 10. If the provision of Rule 5(1) (a) (1i) of the Subordinate Service Rules regarding eligibility for promotion to the post of Marketing Inspector is found to be valid then the question that arises is what should be the basis for fixing the inter se seniority of the persons who are eligible for consideration for such promotion ? The note appended below Rule 5(1) (a) (ii) required that a combined seniority list shall be prepared on the basis of the date of continuous appointment in the service. Although the expression service is defined in Rule 3(1) of the Subordinate Service Rules to mean the U.P. Civil Supplies (Marketing Branch) Subordinate Service but having regard to the context in which the word "service" is used in the Note the expression "service" in the Note must be construed as referring to the Ministerial Service. Therefore, the combined seniority list for the purpose of consideration for promotion to the post of Marketing Inspector under Rule 5(l) (a) (ii) of the Subordinate Service Rules has to be prepared on the basis of the date of continuous appointment in the Ministerial Service. As indicated earlier in the Ministerial Service direct recruitment could be made only on the post of Grade IV Clerk and appointments on other higher posts could be made by promotion from the post of Grade IV Clerk and other higher posts. Members of the Ministerial Service who were permanent in the post of Grade IV Clerk were, therefore, made eligible for promotion to the post of Marketing Inspector. If eligibility for consideration for promotion was based on being permanent on the post of Grade IV Clerk, the combined seniority list for the purpose of consideration for such promotion could validly be prepared on the basis of permanent appointment on the said post. If eligibility for consideration for promotion was based on being permanent on the post of Grade IV Clerk, the combined seniority list for the purpose of consideration for such promotion could validly be prepared on the basis of permanent appointment on the said post. We, therefore, do not find any infirmity in the note appended below Rule 5(l) (a) (1i) and the combined seniority list dated 26-9-1984 that has been prepared on the basis of the date of permanent appointment on the post of Grade IV Clerk. 11. It is no doubt true that the petitioners were appointed on the post of Recordkeeper which is a post higher than the post of Grade IV Clerk. But the said appointment of the petitioners was only an ad hoc appointment. The case of the respondent is that direct appointment could not have been made on the post of Recordkeeper in view of government order dated 2-3-1974 and on compassionate ground it was decided to treat them equally with Grade IV Clerks and give the seniority on that basis. But for this the petitioners would not have been eligible for consideration for promotion a since their appointment on the post of Recordkeeper was temporary and on ad hoc basis only. They cannot, therefore, make a grievance against the seniority list dated 26-9-1984. 12. In the result, we find no merit in the writ petition and it is accordingly dismissed. No orders as to costs.