P. B. Bajanthri, J.—In the instant petition, petitioners have prayed for the following reliefs:—

“(i) For issuance of writ in the nature of certiorari for quashing the Memo No.319 dated 15.04.2019,/whereby and whereunder representation of the petitioners has been rejected in a very erroneous and mechanical manner by the Inspector General of Police (Budget/Appeal/Welfare), Bihar, Patna by the order of Director General of Police, Bihar, Patna.

(ii) For issuance of writ in the nature of certiorari for quashing the District Order No.40/2003 issued by Memo No.71 dated 18.01.2003by which the petitioners have been dismissed on the ground that their appointments were illegally made by previous D.G. cum I.G. Bihar, Patna without any show cause.

(ii) For issuance of writ in the nature of mandamus directing the respondent authorities to consider and appoint the petitioners for the post of Constable and and to give all notional benefits including the arrears of salary of thee all dismissal period as well as ancillary/consequential benefits with statutory interest.

(iv) For any other relief or reliefs for which the petitioners are found to be entitled in the facts and circumstances of the case.”

2. In this petition, there are seven petitioners. Insofar first and sixth petitioners are concerned, they are legal heirs of deceased late Deep Narayan Ram and late Rama Shankar Mahto. Petitioner, Rameshwar Prasad Singh and Chhedi Mandal deceased persons grievance are rejected by virtue of impugned orders. In other words, initial dismissal is against late Deep Narayan Ram and late Rama Shankar Mahto, Rameshwar Prasad Singh and Chhedi Mandal. They were stated to have been selected and appointed to the post of Constable on 16.09.1994. Their services were terminated on 18.01.2003 on the score that their initial appointment to the post of Constable was not in accordance with the relevant procedure/regulation.

3. Feeling aggrieved and dissatisfied with the order of dismissal dated 18.01.2003 legal heirs of late Deep Narayan Ram and late Rama Shankar Mahto and petitioners namely Rameshwar Prasad Singh and Chhedi Mandal preferred petitions and it was subject matter of litigation before this Court in CWJC No. 9595 of 2003 and it was decided on 30.08.2018 while passing the following order:—

“The learned counsel for the parties are in agreement that an order similar to the one passed by the learned Division Bench in L.P.A. no. 1584 of 2017 dated 31.01.2018 can also be passed in the present case.

Accordingly, the impugned order of termination dated 18.01.2003 is quashed and the petitioners/ their legal heirs are granted liberty to approach the Director General of Police, Police Headquarters, Bihar, Patna along with a certified copy of this order and all the relevant documents and the Director General shall examine the claim of the petitioners/legal representatives in the backdrop of the observations made in the judgment dated 31.01.2018 passed in L.P.A. no. 1584 of 2017, after proper application of mind within a period of 60 days thereafter. The writ petition is disposed of.”

4. Pursuant to the aforesaid order the disciplinary authority proceeded to pass impugned order, thus, the petitioners have questioned the validity of the impugned order dated 15.04.2019 (Annexure- 8), hence, the present petition.

5. Learned counsel for the petitioners submitted that impugned action is without initiating disciplinary proceedings. Further, it is submitted insofar as late Deep Narayan Ram and Rama Shankar Mahto are concerned the impugned action cannot be sustainable as no order can be passed against dead persons. It is further submitted that whatever the proceedings pending against the dead persons stand abated as and when concerned employee died.

6. Per contra, learned counsel for the State resisted the aforesaid argument and submitted that late Deep Narayan Ram, late Rama Shankar Mahto, Rameshwar Prasad Singh and Chhedi Mandal their selection and appointment was illegal from the inc