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

nd

ON THE 2 OF FEBRUARY, 2026 WRIT PETITION No. 20965 of 2016 LAXMAN PRASAD TIWARIDF Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Ajeet Kumar Singh - Advocate for the petitioner appears through V.C.

Ms. Shraddha Tiwari - Panel Lawyer for the respondent/State.

Shri Mukesh Kumar Agrawal - Advocate for the respondent Nos. 2 to 5 appears through V.C.

ORDER This is a petition by which the petitioner is seeking quashment of the order dated 06.07.2015 contained in Annexure P/1.

2. It is contended by the counsel that the petitioner, who superannuated on

31.11.2015, is questioning the recovery which has been carried out after retirement. Counsel for the petitioner contends that the said course was not available with the respondents as there could not have been any recovery from a retired employee in view of the 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 in view of decision of the Full Bench of this Court in W.A. No. 815 of 2017 (State of M.P. and others Vs. Jagdish Prasad Dubey) vide order dated

06