The date of absorption and entitlement to benefits for visually handicapped persons under Government Orders.

JUDGMENT :

1. This intra court appeal has been filed questioning the judgment and order dated 19.2.2020 passed by the learned Single Judge in Writ-A No. 70245 of 2011 (Ram Rekha vs. Principal Secretary Revenue, State of U.P. and others) whereby the writ petition has been allowed and at the same time, it has been held that the petitioner/respondent shall be considered to be absorbed from the date of issuance of the order No. 598/65/1-2001-W(4)/97 dated 28.3.2001 and shall be entitled to all the benefits admissible to a regular employee.

2. The record reveals that the writ petition giving rise to the present intra-court appeal was filed seeking issuance of a writ of mandamus commanding the respondents to create a post of Cane Weaver in District Mau in compliance of the Circular dated 28.3.2001 and provide regular appointment to the petitioner thereof and to pay him regular salary.

3. It was alleged in the writ petition that the petitioner/respondent is a 100% visually handicapped person, which has been duly certified by a certificate dated 26.6.1990 issued by the Chief Medical Officer, Faizabad, U.P., in terms of Government Order dated 7.4.1981. The petitioner has undergone training of Cane Weaver and has been issued Apprentice Cane Weaver Certificate. The petitioner was initially engaged on 5.5.1995 for one month for repairing chairs through cane weaving in the office of the District Magistrate, Mau on daily wages of Rs.35/-per day, which engagement was continued from time to time under the orders of the District Magistrate up to the year 2011. It was asserted in the writ petition that a policy decision have been taken vide Government Order dated 7.5.1999 for absorption of handicapped persons on the posts of identified Group 'C' and 'D'. A Circular dated 28.3.2001 was also issued in which it was mentioned that if the post identified for being filled up by a handicapped person could not be filled, the vacancy would be carried over to the next selection. It was also stated in the writ petition that pursuant to the Government Order dated 7.5.1999, the post of Cane Weaver was identified for reservation of visually handicapped persons and in case, any handicapped person could not be selected or appointed on the vacancy reserved for visually handicapped person, then one vacancy would be kept aside for being filled up on priority basis by a visually handicapped person. Since, the petitioner was continuing on the post of Cane Weaver, he approached the Principal Secretary (Revenue) by way of representation in the year 2001 seeking regularization of his services. However, the regularization was declined on the ground that there was no post available. The petitioner thereafter made various other representations seeking regularization, but all efforts were in vain as the relief of regularization was refused on the ground that no post of Cane Weaver was created by the Government.

4. The writ petition of the petitioner/respondent was entertained and a detailed interim order was passed on 5.5.2014. In compliance whereof, the District Magistrate, Mau is stated to have written to the Government for creation of post and at the same time as a measure of compliance, the petitioner was directed to be engaged on minimum of pay scale for a period of one month subject to the final orders passed in the writ petition. It appears that the efforts of the petitioner bore some fruits and the Principal Secretary (Revenue) issued a Government Order dated 30.1.2015 mentioning therein that His Excellency the Governor of State of U.P., had approved of a creation of post of Class IV for the office of the Collectorate, Mau in the pay scale of Rs.5,200-20,200 with the Grade Pay of Rs.1800/- and that on the said newly created post, the petitioner will be absorbed.

5. By a second order dated 11.2.2015, the petitioner/ respondent was appointed on purely temporary post, subject to final orders passed in the writ petition filed by the petitioner.

6. The learned Single Judge b