V. RAMASUBRAMANIAN, J.

1. The State of A.P. has come up with the above writ petition challenging an order of the A.P. Administrative Tribunal setting aside the penalty of dismissal from service.

2. Heard the learned Government Pleader for Services (A.P).

3. The respondents 2 to 5 herein are the legal heirs of one Mr. Ghouse Mohiddin, who was employed as police constable. He was imposed with penalty of dismissal from service by order dated 22.09.2008, on the only charge of unauthorised absence from duty for a period of 21 days leading to he being declared as a deserter. Challenging the order of penalty the deceased Government Servant filed O.A.No.214 of 2011 on the file of the A.P. Administrative Tribunal. The Tribunal found the penalty to be disproportionate, and allowed the Original Application directing reinstatement with all benefits except back wages. The order of the Tribunal was passed on 18.09.2013. Within a month, the employee died on 17.10.2013.

4. For almost four years the Government did not challenge the order of the Tribunal. But when the children of the deceased