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

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ON THE 27 OF JANUARY, 2026 WRIT PETITION No. 35676 of 2025 DR SMT PARAMJEET KAUR GOGIA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Karamjeet Singh Wadhwa - Advocate for the petitioner.

Ms. Kanak Gaharwar G.A. appeared for respondent.

ORDER Counsel contends that the petitioner is questioning the impugned order by which the respondents proposed to recover the amount after retirement of the present petitioner. It is contended by the counsel that the recovery order is an offshoot of the fixation carried out by the respondents. It is contended by the counsel that the impugned order contains a reference to the undertaking given by the present petitioner. Counsel contends that as the retiral dues were not being disbursed, therefore, under compulsion, the petitioner was pitchforked to give the undertaking. Hence the recovery be quashed in the light of the decision of the Apex Court in the case of 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) date