1 2026:CGHC:16249 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 447 of 2021 1 - Ashish Kumar Khandelwal S/o Shri Shyamlal Khandelwal Aged About 44 Years R/o- 17/222, Behind Geeta Hotel, Telephone Exchange Road, Bilaspur (C.G.), District : Bilaspur, Chhattisgarh ... Petitioner versus 1 - Chouksey Engineering College Through- Principal, Lal Khadan, Masturi Road, Bilaspur (C.G.) 495004, District : Bilaspur, Chhattisgarh 2 - Ashish Jaiswal The Managing Director Of The Chouksey Group Of College, Lal Khadan, Mastur Road, Bilaspur C.G. 495004, District : Bilaspur, Chhattisgarh 3 - Chhattisgarh Swami Vivekanand Technical University Through Its Registrar, North Park Avenue, Sector- 8 Bhilai (C.G.), District : Durg, Chhattisgarh 4 - All India Council For Technical Education Through- Its Director, (Ministry Of Human Resource Development, Goi) Nelson Mandela Marg, Vasant Kunj, New Delhi- 110070, District : New Delhi, Delhi ---- Respondents For Petitioner : Mr. Divyanand Patel, Advocate For respondents No.1 & 2 : Mr. Abhishek Mishra, Advocate holding the brief of Mr. Rahul Birtharey, Advocate For respondent No.3 : Mr. Sumit Verma, Advocate For respondent No.4 : None appears though served Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 09.04.2026 1. The petitioner has filed this petition seeking following relief (s) : “I. This Hon'ble court may kindly be pleased to issue an appropriate writ (s)/order (s) or direction by holding that, the acceptance of -2- the so-called resignation dated 21.09.2020 is bad in the law. Thus, direct the respondent college for releasing the pay scale along with all the consequential service benefit in term of the College-code. II. That the Hon'ble High Court may kindly be please to hold that, the petitioner is entitled for the pay scale as prescribed in clause 24(1) of the statute no.19 of the respondent University from the date of initial appointment along with arrears with interest. III. That, the Hon'ble High Court may kindly be please to declare that, the petitioner is also entitled to receive the payment in respect of Gratuity, leave encashment amount and provident fund amount in the term of clause 35(7) of the Statute no. 19 of the University and accordingly direct he respondent for the payment of same. IV. The Hon'ble High Court may be pleased to issue a direction to the respondent University to monitor the activities of the respondent college in respect of strictly compliance of Statute no.19. V. To kindly inflict the exemplary cost upon the respondent no. 1 to 2 for torturing, causing mental torment, and exploiting the petitioner and violating fundamental and human rights of the petitioner. VI. Any other relief (s), which this Hon'ble Court may think fit and proper in the facts and circumstances of the case.” 2. Mr. Patel, learned counsel appearing for the petitioner would submit that the petitioner was appointed as Assistant Professor (Lecturer) in the Mechanical subject in the Engineering College run by respondent No.2. He would further submit that the petitioner was compelled to tender his resignation by the Management of the College and same was tendered on 21.09.2020. Mr. Patel would contend that without following the procedure for acceptance of resignation, it was accepted by the Management of College on 3 23.09.2020. He would contend that the petitioner never tendered his resignation. It is further argued by Mr. Patel that the respondent authorities have failed to make payment of provident fund and other admissible dues to the petitioner. He would pray to allow this petition. 3. On the other hand, learned counsels appearing for the respondents would oppose submissions. They would submit that a voluntary resignation was tendered by the petitioner on 21.09.2020 and it was accepted by the Management of the College on 23.09.2020. Mr. Mishra would submit that the petitioner was never compelled to submit his resignation and it was his voluntary act. He would not dispute that according to the provisions of Statute- 35(7), the petitioner is entitled to receive the entire amount standing to his credit in the Provident fund and family benefit scheme. 4. Heard the learned counsel appearing for the parties and perused the documents placed on record. 5. In the Resignation letter dated 21.09.2020, it is stated that the petitioner tendered his resignation due to threat and pressure extended by his two colleagues namely Chitrakant Tiger and Jai Kishan Gupta. 6. I am surprised that his resignation was accepted by the Management on 23.09.2020 and the petitioner was communicated through email dated 24.09.2020. In return, the College has filed affidavits of Chitrakant Tiger and Jai Kishan Gupta and a stand has been taken that they never threatened to the petitioner to tender -4- his resignation. It appears that before acceptance of resignation of the petitioner, no inquiry was conducted by the Management. 7. Taking into consideration the above-discussed facts, it is held that no valid resignation was tendered by the petitioner and therefore, its acceptance by the Management is hereby quashed. The petitioner shall be entitled for arrears of salary and all consequential benefits from the date of acceptance of resignation i.e. 23.09.2020 along with relief of reinstatement in service. 8. With the aforesaid observation(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha