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Madhya Pradesh High Court

Marx Kulshresth vs The State Of Madhya Pradesh on 13 September, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

          NEUTRAL CITATION NO. 2025:MPHC-JBP:48136




                                                                    1                                WP-7521-2018
                                   IN   THE       HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                      BEFORE LOK ADALAT
                                              HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                               &
                                              SHRI ADITYA ADHIKARI, SR. ADVOCATE
                                                   ON THE 13 th OF SEPTEMBER, 2025
                                                     WRIT PETITION No. 7521 of 2018
                                                     MARX KULSHRESTH
                                                          Versus
                                         THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                              Shri Anshul Tiwari - Advocate for the petitioner.
                              Shri Nitin Gupta - Government Advocate for the respondents/State.

                                                                     ORDER

This matter pertains to recovery from retiral dues. Learned counsel for the parties, admit that, petitioner retired from the post of Male Nurse (Unit Hospital) and therefore, in terms of the decision of the Hon'ble Full Bench in W.A. No. 815 of 2017 (The State of M.P. & Ors. Vs. Jagdish Prasad Dubey), such recovery from a retired Government Employee is not sustainable and therefore, it is jointly agreed that, this recovery be set-aside in terms of the judgment dated 06.03.2024 passed by Hon'ble Full Bench in W.A. No. 815 of 2017.

Accordingly, this writ petition is disposed of with liberty to the State to examine the matter and pass appropriate orders in accordance with law within a period of 60 days from the date of receipt of certified copy of this order.

                                   (VIVEK AGARWAL)                                         (ADITYA ADHIKARI)
                                        MEMBER                                                  MEMBER


Signature Not Verified
Signed by: AMITABH
RANJAN
Signing time: 25-09-2025
10:36:24

NEUTRAL CITATION NO. 2025:MPHC-JBP:48136 2 WP-7521-2018 AR Signature Not Verified Signed by: AMITABH RANJAN Signing time: 25-09-2025 10:36:24