Interim orders affecting substantive rights can be appealed; however, if no rights are infringed, the appeal is not maintainable.

For Appellant(s) : Mr. Anand Shukla, Advocate For Respondent(s) : Mr. Sangharsh Pandey, G.A. and Mr. Vivek Siddharth Ojha, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha , Chief Justice

10.06.2025

1. The office has raised an objection that the writ appeal against an interim order is not maintainable.

2. Heard Mr. Anand Shukla, learned counsel for the appellant. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for respondent/State as well as Mr. Vivek Siddharth Ojha, learned counsel for respective respondents.

3. The appellant has filed this writ appeal with I.A. No.01/2025 i.e.

application for grant of interim relief with following prayer:

“It is therefore, prayed that this Hon'ble Court may kindly be pleased to allow this application and stay the effect and operation of the order dated 02.05.2025 passed in WPS No.2101/2025, till the final disposal of the instant case in the interest of justice.”

4. Brief facts of the case are that the appellants are physically disable persons and as per the provision of person with disabilities act, 2016 (herein after called the Act, 2016 for brevity) and the Person with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 has been issued with disability certificate by the competent authority. The appellants have been selected and appointed in the post of Rural Agriculture Extension Officer vide order dated 09.02.2018. Both the selection process was by the CG Professional Examination Board and concerned department both have scrutinized and verified the disability certificate of appellant and only thereafter the appellants have been appointed. One Chhattisgarh Divyang Seva Sangh has been persistently raising unfounded complaints before various departments of the State Government, causing the bona fide appointments of disabled individuals to be repeatedly questioned and harassed. The Chhattisgarh Divyang Seva Sangh had also filed a PIL before this Court bearing registration number W.P. (P.I.L.) No. 36/2023, wherein this Court directed the Chief Secretary to file a personal affidavit explaining why no positive steps have been taken to verify the physical disability certificates. In a complete misinterpretation of the order dated 24.04.2023 passed by this Court in W.P.(P.I.L.) 36/2023, the appellants, who are appointed under the Physical Disability quota, was once again directed to undergo verification of his disability. The appellants aggrieved by the issuance of the said direction approached this Court, and this Court had granted interim protection to the appellants by order dated 28.06.2023. The concerned Chief Secretary has also filed his personal affidavit in this regard and has clearly stated that the District Medical Board would be the competent authority, which shall consist of expert persons with respect to grant of such disability certificate. The said WPPIL 36/2023 was dismissed by this Court vide order dated 12.12.2023. In the name of WP(PIL) No. 36/2023, the respondents have issued the notices dated 08.03.2025 along with the letter dated 05.03.2025 and notice dated 11.03.2025 by which respondents have directed the appellants to get their disabilities certificate verified by State level Medical Board and also to obtain new disability certificate. The authorities are adamant that the Appellants must obtain a fresh disability certificate and submit himself for reexamination before the State Level Medical Board. Thus, against the arbitrary and malafide behaviour of the Respondent Authorities, the Appellants have