IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE MANINDER S. BHATTI

th

ON THE 12 OF JANUARY, 2026 WRIT PETITION No. 6157 of 2011

JAYPAL BORKER

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Shishir Kumar Soni - Advocate for the petitioner.

Shri Yagyavalk Shukla Pl appeared for respondent.

ORDER eventualities were taken note of by the Apex Court in the case of State of Punjab and others v. Rafiq Masih (White Washer) and others reported in (2015) 4 SCC 334 wherein the Apex Court held in paragraph 18 as under:

The petitioner is questioning the recovery after retirement who is

superannuated on 28/02/2009. Counsel for the petitioner contends that the said course was not available with the respondents as there could not have been any recovery from the retired employee in view of the decision of the Full Bench of this Court in WA No.815/2017 ((State of M.P. & others Vs. Jagdish Prasad Dubey) wherein the Court has already decided the

controversy, hence, the same deserves to be disposed of.

2 . Per contra, counsel for the State has opposed the prayer and

submitted that as there exists an undertaking as well as an indemnity bond, therefore, in view of the aforesaid