JUDGMENT

K. Venkataswami, J.-Special leave granted.

2. The short question that arises for our consideration in this appeal is whether the respondents are justified in depriving the appellant (who has died pending appeal) the salary for the period from 20.2.81 to 17.5.88. The legal representatives of the deceased appellant are prosecuting this appeal. For the sake of convenience, the deceased appellant will be referred to herein as the appellant.

3. To appreciate the question, brief facts are necessary, which are as follows:-

The deceased appellant was an employee in the Railways. By an order dated 28.6.77, he was placed under suspension with effect from 1.7.77. The suspension was revoked by another order on 28.1.81. He preferred an application successfully under the provisions of the Payment of Wages Act claiming wages for the period he was kept under suspension. The respondents preferred an appeal to the learned District Judge against the order of the Authority under the Payment of Wages Act and the appeal was allowed. Against that, the appellant preferred a Writ Petition before the High Court at Allahabad and that was allowed by the High Court on 5.9.84.

4. In the meanwhile, the appel