Hon’ble Sudhir Agarwal, J.—Heard Sri Amit Saxena, learned counsel for petitioners. None appeared on behalf of respondents, though matter has been called in revised. Hence, we proceed in the matter to decide the same ex parte after hearing learned counsel for petitioners.

2. Dispute relates to promotion to the post of Assistant Registrar (Co-operatives).

3. Recruitment, appointment and condition of service to the post of Assistant Registrar (Co-operatives) is governed by U.P. Co-operatives Service Rules, 1979 (hereinafter referred to as ‘Rules, 1979’). As per Rule 4, post of Assistant Registrar is a Group-B post. Rule 5 provides for sources of recruitment and Clause 5 deals with Assistant Registrar and reads as under :

“5. Sources of recruitment.—Recruitment to the various categories of posts in the service shall be made from the following sources :

(5) Assistant Registrar.—(I) By promotion, on the basis of merit, from amongst the members of the Subordinate Co-operative Service, Group I, who have put in minimum of 5 years’ service as such on the first day of the year of recruitment.

(ii) By direct recruitment through the Commission :

Provided that the recruitment to the posts of Assistant Registrar shall be so arranged that, as far as possible, 50 per cent of the posts are held by promotee and 50 per cent by direct recruits.” (emphasis added)

4. Rule 19 deals with manner of promotion to post of Assistant Registrar and reads as under :

“19. Recruitment by promotion to the post of Assistant Registrar.—Recruitment by promotion to the post of the Assistant Registrar shall be made on the basis of merit in accordance with the Uttar Pradesh Promotion by Selection in Consultation with Public Service Commission (Procedure) Rules, 1970 as amended from time to time.” (emphasis added)

5. Rule 30 provides for regulation of other matters, not provided specifically under Rules, 1979. It reads as under :

“30. Regulation of other matters.—In regard to the matters not specifically covered by these rules or by special orders, persons appointed to the service shall be governed by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State.”

6. Petitioners and respondents 5 to 37 were appointed as Co-operative Inspectors, Group-I. As per averments made in para 1 and 3 of writ petition, petitioners and respondents 5 to 7 were appointed by direct recruitment in 1980.

7. Recruitment, Appointment and Condition of Service of Co-operative Inspectors, Group-I is governed by Subordinate Co-operative Service Rules, 1979 (hereinafter referred to as ‘Subordinate Rules, 1979’). Inspector, Group-I is defined in Rule 3 (i) and reads as under :

“Inspector, Group I” means Co-operative Inspectors, Group 1 and includes officers holding the posts of District Co-operative Officer, Additional District Co-operative Officer, Senior Additional District Co-operative Officer, Senior Farming Inspector, Executive Officer (Processing, Senior returns Inspector and such other subordinate executive posts as may be declared by the State Government as such from time to time;”

8. As per Rule 5 of Subordinate Rules, 1979 sources of recruitment to post of Inspectors, Group-I is 50% by direct recruitment through U.P. Public Service Commission (hereinafter referred to as ‘Commission’) and 50% by promotion through Commission from amongst Inspectors, Group-II, who have put in at least five years’ service. There was some dispute with regard to seniority of Inspectors, Group-I engaging some litigation between persons working in said cadre. For recruitment year 1988-89, it is said that 35 vacancies of Assistant Registrar (Co-operatives) were available, which were to be filled in by promotion from Co-operative Inspectors, Group-I. The criteria for promotion, as already said, is merit. The procedure for selection has to be followed as per provisions contained in U.P. Promotion by Selection in Consultatio