SINGH N. K. Vs. D. S. NARVE

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are the direct recruits to the Indian Forest Service. Their writ petition has been dismissed by the High Court on the ground that they do not have any locus standi to assail the promotion from the State Forest Service to the IFS cadre. The Union of India in its counter-affidavit has indicated that in implementing the directions of the Tribunal the direct-recruit officers in the forest service would be pushed down in seniority and as such they are the persons aggrieved. In view of this stand of the Union of India, the conclusion that the direct-recruit officers have no locus standi is not correct.

(3.) It is contended by the learned counsel appearing for the promotees that the original order of the Tribunal not having been assailed by the direct-recruit officers, they cannot be permitted to assail it now. This contention is open for them to make before the High Court while the High Court would be disposing of the matter on merits. But the conclusion that the direct-recruit officers have no locus standi to file a writ petition cannot be sustained. We, therefore, set aside the order of the High Court and remit the special civil application to be disposed of by the High Court on merits including the effect of non-challenge of any earlier decision of the Tribunal, if any.