IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI

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ON THE 23 OF JANUARY, 2026 WRIT PETITION No. 5555 of 2005 SURESH KUMAR PANDEY Versus THE HONBLE SPEAKER, M.P. VIDHAN SABHA, BHOPAL & OTHERS Appearance:

Shri Bhuvnesh Sharma - Advocate for the petitioner.

Shri Hitendra Kumar Golhani - Advocate for the respondents.

ORDER Counsel for the petitioner contended that the matter stands in a narrow compass. During the pendency of the petition, the petitioner has been superannuated way back on 31.03.2011. However, the respondent issued the orders dated 01.06.2012 and 26.11.2012 (Annexures P/33 and P/34 respectively) by which the respondent proposed to recovery of certain amount after retirement of the petitioner. The recovery was stayed by an interlocutory order dated 20.12.2012 passed by this Court. It is contended by the counsel that as the recovery is being sought to be carried out after retirement of the petitioner, the same is impermissible in view of decision of the Apex Court in the case of State of Punjab and others vs Rafiq Masih and others reported in 2015 (4) SCC 334 as well as decision of the Full Bench of this Court in W.A. No. 815 of 20