By the Court.—Heard Sri Vijay Dixit, learned counsel for appellants and learned Standing Counsel for respondents.

2. This intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 has arisen from judgment and order dated 5.2.2014 passed by learned Single Judge dismissing appellants’ Writ Petition No. 3156 (SS) of 1988, challenging order of dismissal dated 18.2.1988, on the ground that since Tanveer Husain did not submit any reply to charge-sheet, therefore, he cannot say that no opportunity was given and disciplinary authority was justified in treating charges proved and passing order of punishment.

3. It is also evident from judgment under appeal that petitioner-employee, Tanveer Husain died during pendency of writ petition and substituted by legal heirs, therefore, this writ petition now survive only with respect to consequential benefits, if any, in case punishment order is found vitiated in law and set aside.

4. Brief facts relevant for adjudication of issues raised in this appeal may be narrated as under.

5. Sri Tanveer Husain (original petitioner, now deceased and substituted by his legal heirs, hence would be referred to as the “deceased employ