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

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ON THE 9 OF FEBRUARY, 2026 WRIT PETITION No. 4624 of 2026 MOHD. SHAFEEQ Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Chandrakant Magarde - Advocate for the petitioner.

Shri Darshan Soni G.A. appeared for respondents.

ORDER Counsel contends that the issue involved in the petition is no more res integra inasmuch as, there cannot be any recovery from Class-IV 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 petitioner, he 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 Court in the case of Rafiq Masih