STATE OF U.P. Vs. RAM REKHA

JUDGEMENT

(1.) This intra court appeal has been filed questioning the judgment and order dtd. 19/2/2020 passed by the learned Single Judge in Writ-A No. 70245 of 2011 (Ram Rekha versus 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 dtd. 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 dtd. 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 dtd. 26/6/1990 issued by the Chief Medical Officer, Faizabad, U.P., in terms of Government Order dtd. 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.35.00 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 dtd. 7/5/1999 for absorption of handicapped persons on the posts of identified Group 'C' and 'D'. A Circular dtd. 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 dtd. 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.