JUDGMENT

Rajan Roy, J.

Heard.

2. This petition was filed on 23.05.2011 by the petitioner challenging inter alia the order of punishment dated 26.04.2011 passed by the General Manager, Food Corporation of India, U.P. Region, Lucknow. No interim order was passed therein and the petitioner stood reverted to the post of AG-III(D). Further relief of being allowed to perform her duties was also sought. The petition was amended on 08.04.2013 and relief for reinstatement on the post of Assistant Grade-II (Depot) w.e.f. the date of her reversion to the post of Assistant Grade-III (Depot) under the impugned order as also to pay arrears of salary and her other dues, etc. were added.

3. By means of the impugned order, the petitioner has been reverted from the post of AG-II(D), on which she had been promoted by the order dated 07.11.1985, to the substantive post of AG-III(D) and period of her suspension i.e. from 14.07.2009 to 28.04.2011 was treated as period not spent on duty thereby disentitling her remaining salary for the said period which would also entail break in service affecting her post retiral dues.

4. The facts of the case, in brief, are that the petitioner was substantively appointed in Food Corporation of India at Lucknow, U.P. on the post of Assistant Grade-III (Depot) in 1979. The petitioner was the daughter of Brij Bihari Lal Nigam. She belongs to general caste, but was married to late K.S. Tomar who was a resident of Jaunsar area of erstwhile Uttar Pradesh now Uttarakhand. Jaunsaris i.e. the residents of the said area were notified as Scheduled Tribe vide Notification dated 24.06.1967, a copy of which has been placed by counsel for the petitioner before the Court and is on record. In the supplementary affidavit of the petitioner, it is mentioned that she got married to late K.S. Tomar while studying in Class IX. Prior to her appointment as AG-III(D), on 17.05.1977 she had applied for issuance of a caste certificate as belonging to Scheduled Tribe considering the fact that her husband belonged to Scheduled Tribe and accordingly the same was issued by the concerned authority, a fact which is not in dispute.

5. Learned counsel for the petitioner has referred to a decision of Hon'ble the Supreme Court which was in force at that time and it is reported in 1972 AIR (SC) 1840; N.E. Horo v. Jahan Ara Jaipal Singh , wherein, it had been held by Hon'ble the Supreme Court at that time that even without invoking the doctrine of domicile which had been relied by the High Court respondent's marriage with late Shri Jaipal Singh who was a Munda having been approved and sanctioned by the Parha Panchayat of the Munda tribe it can well be said that she became a member of the Munda tribal community. The High Court had also held that she would be treated as a Scheduled Tribe and Hon'ble the Supreme Court approved the said decision of the High Court with the observation that it had not been shown any infirmity in the reasoning of the High Court on this point. It further observed that when a person, in the course of time, has been assimilated in the community it is somewhat difficult to comprehend how that person can be denied the rights and privileges which may be conferred on that community even though tribal by constitutional provisions. It was a matter arising out of election proceedings.

6. Be that as it may, the petitioner was appointed as Assistant Grade-III (Depot) and thereafter she was promoted to the next post of Assistant Grade-II (Depot) on 07.11.1985. On 22.02.1991 regular departmental proceedings were condu