MOHD. SHAFEEQ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) 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) dtd. 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 (Supra) wherein the Apec Court held in paragraph 18 as under: