G.B.PATTANAIK, J.

(1) THE State of Uttar Pradesh is the appellant, assailing the judgment of the Allahabad High Court dated 20th November, 1996 on the Writ Petition filed by the Excise Clerks in the Subordinate offices. Before the High Court, the clerks of the Subordinate offices made two claims, one, they are entitled to the same scale of pay as is available to the clerks of the Head Office, and two, the seniority drawn up by the departmental authorities after coming into force of the Recruitment Rules called Uttar Pradesh Excise Department, Ministerial Service Rules, 1980 is based upon an erroneous assumption and the seniority has to be determined in accordance with Rule 21 of the Recruitment Rules and read with Uttar Pradesh Government Servants Seniority Rules, 1991, as amended from time to time. Before the High Court, the counsel appearing for the State fairly conceded to the prayer of the Writ Petitioner with regard to the scale of pay which they are entitled to, and on that basis the High Court granted the first relief. So far as the seniority is concerned, the High Court also considered the relevant provisions of the Recruitment Rules, more particularly