LAWS(MPH)-2024-3-81

STATE OF MADHYA PRADESH Vs. JAGDISH PRASAD DUBEY

Decided On March 06, 2024
STATE OF MADHYA PRADESH Appellant
V/S
Jagdish Prasad Dubey Respondents

JUDGEMENT

(1.) This reference arises out of the order dtd. 11/4/2018 passed by the Division Bench of this Court in Writ Appeal No.815 of 2017. The said order reads as under:-

(2.) The brief facts of the aforesaid appeal are as follows:-

(3.) (a) The learned counsels for the writ petitioners contend that no recovery can be made from a Government servant from his post retiral claims after a long lapse of time. The recovery orders have been issued at the fag end of the service career at the stage when the pension papers were being processed. The undertaking given by the employee in the form of an indemnity bond cannot be said to have been furnished by consent, but rather a compulsion on the employee in order to receive post retiral claims.