( 1 ) THIS Special Appeal has been preferred against the judgment and order of the learned Single Judge dated 5-3-2002, by which the writ petition of the respondent-petitioner has been allowed.

( 2 ) SHRI Shishir Kumar, learned counsel for the petitioner has submitted that the writ petition was not maintainable as Union of India has not been impleaded as respondent. Submitting that even if respondent-petitioner wants to execute the judgment and order passed by the learned Single Judge, as Union of India has not been the party, it can refuse to accept it.

( 3 ) THE respondent-petitioner in person submitted that the appellant respondents have not raised this issued before the learned Single judge, therefore, it can not be permitted to be raised. Non-joinder of a party is not fatal and union of India is not a necessary party, therefore, the objection raised on behalf of the appellants is not worth substance.

( 4 ) WE have considered the rival submissions made by learned counsel for the parties and perused the record only for the purposes of the preliminary issue.

( 5 ) UNDOUBTEDLY, it appears from the judgment and proceedings that no such objection could be raised be