Mrs. MRIDULA BHATKAR, J. :- The petitioners have challenged the order dated 27.2.2002 passed by the Maharashtra Administrative Tribunal, Bench at Nagpur wherein the period of absence of the original respondent from 3.9.1975 till 10.4.1987 was ordered to be treated as duty for all purposes including the financial benefits. The original respondent who was working as Accountant at Government Polytechnic, Nagpur expired during the pendency of this writ petition and, therefore, the present respondents I A to 8H were brought on record. The original respondent was prosecuted for misappropriation of the cash of Rs. 5702.42/and was charged under Section 409 of the Indian Penal Code in Criminal Case No.65/86. Pursuant to the registration of the offence, the original respondent was in police custody from 3.9.1975 to 6.9.1975. Thereafter, he remained absent and did not report on duty till 9.3.1981. The petitioners took out an order dated 6.4.1981 suspending him from the services with effect from 9.3.1981 i.e. from the date on which he joined on duty. The original respondent was acquitted from the criminal case as he was not found guilty for the offence under section 409 of the Indian