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 by order impugned has proceeded to allow the writ petition observing that there was no denial of the district authorities or even by the Department of Revenue of the petitioner being 100% visually handicapped person or that he had been working as Cane Weaver with effect from 1995 @ Rs.35/- on daily wages. There was also no denial of the policy decision taken by the Government by issuance of Government Order dated 7.5.1999 for reserving the post of visually handicapped persons in Group 'C' and 'D' services of the State and also of the Government Order dated 28.3.2001 and proposal to create a post of Cane Weaver/Chair Weaver and for its identification as a post reserved for visually handicapped person. The learned Single Judge while allowing the writ petition has also noted the fact that the case of the petitioner/respondent was unique in the sense that although the policy decision was taken and identification of the post meant for visually handicapped person of Cane Weaver was done by the Government, but no further action was taken to implement the said policy decision taken under Government Orders dated 7.5.1999 and 28.3.2001. The learned Single Judge in terms of the ratio of the decision of the Apex Court in the case of Union of India and another vs. National Federation of the Blind and others, (2013) 10 SCC 772 proceeded to direct the respondent to continue with the post created for District Mau by the order dated 30.01.2015 of His Excellency the Governor of the State of U.P. and issued the impugned directions. 7. Smt. Subhash Rathi, learned counsel for the appellant while assailing the order of the learned Single Judge submits that the learned Single Judge fell in error in directing the petitioner to be absorbed from the date of issuance of the order dated 28.3.2001 inasmuch as the post in question came to be created only under orders of His Excellency the Governor of the State of U.P., dated 30.1.2015. According to her, since the post was not available on 28.3.2001, as it was created only on 30.1.2015 against which the petitioner/respondent was appointed on 11.2.2015, the services of the petitioner could not be regularized from 28.3.2001 along with all service benefits and in such view of the matter, the order of the learned Single Judge is liable to be set side or suitably modified. 8. In the opinion of the Court, the submission advanced by Smt. Rathi on behalf of the appellants has substance. Testing the submissions in the light of the Circular dated 28.3.2001 which refers to the Government Order dated 7.5.1999 filed as Annexure-12 to the writ petition, we find that the Circular and the Government Order presupposes the existence of a post. As per the Government Order dated 7.5.1999 the post is to be identified and the reservation applied. In the event any post remains unfilled, the same is permitted to be carried over to the next selection. As per the Government Order dated 7.5.1999 the post is to be identified and the reservation applied. In the event any post remains unfilled, the same is permitted to be carried over to the next selection. Admittedly, the post of Cane Weaver/Chair Weaver has been created on 30.1.2015 under orders of His Excellency the Governor of the State of U.P. and the petitioner/respondent has been appointed on 11.2.2015. The post of Cane Weaver/Chair Weaver has thus come in existence only in the year 2015 pursuant to the proposal envisaged under the Government Order dated 7.5.1999 and 28.3.2001. In such view of the matter, we are of the opinion that the learned Single Judge fell in error in directing that the petitioner shall be considered to be absorbed from the date of issuance of the order dated 28.3.2001 and shall be entitled to all the benefits admissible to a regular employee and the order of the learned Single Judge is liable to be modified. 9. Accordingly, we modify the order impugned and direct that the petitioner shall be considered to be absorbed from the date of his appointment i.e. 11.2.2015 and shall be entitled to all the benefits admissible to a regular employee. The intra court appeal is allowed to the extent indicated above.