A.K. Sen, J. - (1.) This Rule was obtained on a writ petition. The two Petitioners in this Rule are Extra Assistant Conservators of Forests of the Government of West Bengal and as such, are the members of the West Bengal Junior Forest Service. They moved this writ petition in their representative capacity, on behalf of the other members of the West Bengal Junior Forest Service on a leave obtained under Order 1, Rule 8 of the Code of Civil Procedure.
(2.) In this writ petition, as it stands on amendment, the Petitioners are disputing the validity of Reg. 5(2)(ii) of the Indian Forest Service (Appointment by Promotion) Regulation, 1966. The Petitioners are praying for a mandate directing the Respondents to forbear from giving effect to and/or cancel and/or withdraw the Regulation 5(2)(ii) of the Indian Forest Service (Appointment by Promotion) Regulation, 1966 and further directing the Respondents to treat the Petitioners at par with the Assistant Conservators of Forests and/or officers of the West Bengal Senior Forest Service. Such is the prayer as obviously the Petitioners are claiming that the aforesaid Reg. 5(2)(ii) which includes them is void and ultra vires and be held and declared as such by this Court.
(3.) The Rule is being contested by two sets of Respondents, namely, the Union of India and its authorities and the State of West Bengal and its authorities. Both have filed their respective affidavits in contesting the claim of the Petitioners.;