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

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ON THE 20 OF FEBRUARY, 2026 WRIT PETITION No. 5700 of 2026 SURENDRA TIWARI Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Shailesh Tiwari - Advocate for the petitioner.

Ms. Aishwarya Singh - Deputy Government Advocate for the respondent/State.

ORDER It is contended by learned counsel for the petitioner that it is a case where recovery has been sought to be carried out from the petitioner after his retirement. The petitioner stood superannuated on 31.12.2024 while working as a Class-III employee, thus, no recovery is permissible in view of the law laid down by 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 06.03.2024.

2. Learned counsel for the State submits that by the impugned order, refixation of the petitioner has been carried out as during the service tenure, the pay scale was incorrectly fixed. However, the counsel submits that as the petitioner might ha