IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI st ON THE 21 OF JANUARY, 2026 WRIT PETITION No. 1954 of 2026 SUNIL KUMAR DUBEY Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Karan Singh Thakur - Advocate for the petitioner.

Ms. Aishwarya Singh-Dy.G.A. appearing on behalf of Advocate General[r-1].

ORDER Counsel contends that the issue involved in the petition is no more res integra inasmuch as, there cannot be any recovery from Class-III employee after superannuation as laid down by the Apex Court in State of Punjab and Ors. Vs. Rafiq Masih and Ors. reported in 2015 (4) SCC 334 as well as Full Bench of this Court in WA No.815/2017 (State of M.P. and Ors. Vs. Jagdish Prasad Dubey) dated 06/03/2024.

2. Counsel for the State submits that as there exists undertaking as well as indemnity bond so executed by the petitioners, they cannot dispute the same.

3. Having considered the submissions and perused the record reflects that the order of recovery is being assailed in the petition. The issue pertaining to recovery from employees who were holding the post of Class-

III employees, after retirement came up for hearing before the Apex