MIHIR KUMAR JHA, J.

1. Heard learned counsel for the appellants.

2. The appellants, being the heirs and legal representative of one late Ajay Kumar Srivastava, an employee of the State Bank of India (hereinafter referred to as the Bank), have preferred this appeal against the order dated 23.04.2009 passed by the learned single Judge in CWJC No. 12561 of 2002 whereby and where under the writ application filed by late Ajay Kumar Srivastava (hereinafter referred to as the original writ petitioner) came to be dismissed.

3. Be it noted, in the said writ petition the original writ petitioner had assailed his order of punishment of dismissal from service of the Bank and its affirmance by the appellate authority vide impugned orders dated 08.01.2001 and 25.6.2002 respectively.

4. Mr. Mukeshwar Dayal, learned counsel appearing on behalf of the appellants, has submitted that the right to sue to the appellants, being the heirs and legal representatives of the original writ petitioner still survives at least in respect of the monetary relief which may become available to the appellants in the event the aforesaid order of punishment against the original writ petitioner assailed in the