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2023 Supreme(All) 2844

RAJAN ROY
Smt. Laxmi Tomar – Appellant
Versus
General Manager Food Corporation of India Lucknow – Respondent


Advocates appeared:
For the Petitioner: S.K.Mehrotra.
For the Respondent: Shikhar Anand.

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 appointe

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