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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."
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.
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
