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2022 Supreme(All) 921

PRITINKER DIWAKER, ASHUTOSH SRIVASTAVA
State of U. P. , Through Its Secretary – Appellant
Versus
Ram Rekha – Respondent


Advocates Appeared:
For the Appellant : Subhash Rathi.
For the Respondent: A.K. Sinha, A.K. Sinha, Abhishek Kumar Kushwaha.

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

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