Chattisgarh High Court
Professor Subir Sen vs State Of Chhattisgarh on 23 March, 2026
1
2026:CGHC:13638
NAFR
REKHA
SINGH HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 8198 of 2018
1 - Professor Subir Sen S/o Shri R. B. Sen Aged About 57 Years
Department Of Commerce, D. P. Vipra Collage Bilaspur, Chhattisgarh.
2 - Dr. R.N. Yadav S/o Late Shri R.S. Yadav Aged About 55 Years
Department Of Geography, D. P. Vipra Collage Bilaspur, Chhattisgarh.
3 - Professor Sonal Tiwari S/o Late R. P. Tiwari Aged About 51 Years
Department Of Commerce, D. P. Vipra Collage Bilaspur, Chhattisgarh.
4 - Dr. Khagendra Soni (Deleted) As Per Honble Court Order Dated 20-
06-2025.
5 - Professor A. Sriram (Deleted) As Per Honble Court Order Dated 20-
06-2025., District : Bilaspur, Chhattisgarh
6 - Dr. O. R. Sinha W/o Shri Ravi Ranjan Sinha Aged About 45 Years
Assistant Professor, Department Of English, D. P. Vipra Collage Bilaspur,
Chhattisgarh.
7 - Professor Jayant Roy (Deleted) As Per Honble Court Order Dated 20-
06-2025.
8 - Smt. Rajni Kujur W/o Shri Tobiyas Kujur Aged About 43 Years
Assistant Professor, Department Of Sociology, D. P. Vipra Collage
Bilaspur, Chhattisgarh.
9 - Dr. Smriti Rani Prakash W/o Shri Vijay Prakash Aged About 40 Years
Assistant Professor, Department Of History, D. P. Vipra Collage Bilaspur,
Chhattisgarh., District : Bilaspur, Chhattisgarh
10 - Professor Snehlata Mishra W/o Shri Manoj Mishra Aged About 50
Years Posted As Assistant Professor, Department Of Mathematics, D. P.
Vipra Collage Bilaspur, Chhattisgarh.
11 - Dr. Sunita Yadav W/o Shri Suresh Kumar Yadav Aged About 50
Years Assistant Professor, Department Of Political Science, D. P. Vipra
Collage Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
12 - Dr. Suchi Chaudhary W/o Shri Ritesh Chaudhary Aged About 43
Years Assistant Professor, Department Of Psychology, D. P. Vipra
Collage Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
13 - Dr. D.S. Chandra S/o Shri Ishwarilal Chandra Aged About 52 Years
Assistant Professor, Department Of Physics, D. P. Vipra Collage
Bilaspur, Chhattisgarh.
14 - Professor Nidhish Choubey (Deleted) As Per Honble Court Order
Dated 20-06-2025., District : Bilaspur, Chhattisgarh
15 - Dr. Renu Nayar W/o Dr. Vinit Nayar Aged About 47 Years Assistant
Professor, Department Of Chemistry, D. P. Vipra Collage Bilaspur,
Chhattisgarh., District : Raipur, Chhattisgarh
16 - Professor Deepak Tiwari S/o Shri G. S. Tiwari Aged About 52 Years
Department Of Chemistry, D. P. Vipra Collage Bilaspur, Chhattisgarh.,
-2-
District : Bilaspur, Chhattisgarh
17 - Professor Balraj Motwani S/o Late Gyanchand Kumar Motwani Aged
About 52 Years Department Of Psychology, D. P. Vipra Collage Bilaspur,
Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Higher
Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, District - Raipur
Chhattisgarh.
2 - Directorate Of Higher Education Through Its Director, Department Of
Higher Education, Atal Nagar, Raipur Chhattisgarh.
3 - D. V. Vipra Collage Through Its Principal, Bilaspur Chhattisgarh.
4 - Atal Bihari Vajpayee University Through Its Registrar, Gandhi Chowk,
Bilaspur, District - Bilaspur Chhattisgarh. --- Respondents
For petitioners : Mr. Animesh Pathak, Advocate holding the brief of Mr. Amrito Das, Advocate For State : Mr. Anil S. Pandey, G.A. For respondent No.3 : Mr. Karunendra Narayan Singh, Advocate holding the brief of Mr. B.P. Sharma, Adv.
Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 23.03.2026
1. The petitioners have filed this petition seeking following relief (s) :
"10.1 That, this Hon'ble Court may kindly be pleased to call for the entire record pertaining to the withholding of salary payable to the petitioners from March to June 2016, for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ directing respondent No. 3 to make payment of the entire salary to the petitioners from March 2016 to June 2016 with interest payable at the rate of 12% per annum.
10.3 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ directing respondent No. 4 to hold an enquiry against respondent No. 3 and to punish the guilty for committing the illegal act of withholding the salary of the petitioners.
10.4 Any other relief, which this Hon'ble Court, may deem fit and proper, in the facts and circumstances of the case."3
2. Mr. Pathak, learned counsel appearing for the petitioners would submit that the petitioners are Professors working with D.V. Vipra College, Bilaspur (C.G.). He would further submit that the petitioners called a Non-Cooperation Movement for a period of six days from 04.03.2016 to 10.03.2016 and thereafter, the College was duly communicated with regard to withdrawal of said movement on 10.03.2016. He would contend that respondent No.3/College has not paid salary for a period of four months from March, 2016 to June, 2016 without any rhyme or reason. He would further contend that a representation was made by the petitioners on 18.06.2016 but till date, no decision has been taken. He would submit that though the petitioners were on strike, they undertook various works in the college. It is also argued that no inquiry was conducted and no opportunity of hearing was afforded before taking decision with regard to stoppage of salary for a period of four months. He would submit that a direction may be issued to respondent No.3/College to decide the pending representation.
3. On the other hand, Mr. Singh, appearing for respondent No.3/College would oppose submissions. He would submit that the petitioners illegally went on strike and abstained themselves from college work. He would further submit that show-cause notices were issued to the petitioners and thereafter, a decision was taken to stop salaries of the petitioners for a period of four months. He would submit that the petition deserves to be dismissed.
4. Mr. Pandey, learned Government Advocate would submit that there is a dispute between the petitioners and respondent No.3/college. -4-
5. Heard the learned counsel appearing for the parties and perused the documents placed on record.
6. It is not in dispute that the petitioners were on strike for a period of six days from 04.03.2016 to 10.03.2016. The strike was withdrawn and proper intimation was given by the petitioners to the Management.
7. It appears that the decision to stop the salaries for a period of four months was taken by the Management without holding any inquiry. Mere service of show-cause notices, in my opinion, is not sufficient.
8. It is also not alleged that the petitioners committed any misconduct during the period of strike.
9. Taking into consideration the above-discussed facts, the petition is disposed of with a direction to respondent No.3 to decide the pending representation(s) of the petitioners within a period of 30 days from the date of receipt of copy of this order. The respondent No.3/College shall consider the representation in an objective manner keeping in mind that the petitioners are regular Professors working with the Institution.
10.With the aforesaid observation(s)/direction(s), the present petition is disposed of.
Sd/-
(Rakesh Mohan Pandey) Judge Rekha