Page No.# 1/13 vs Laxmi Devi @ Lakhimi Devi And 8 Ors on 20 September, 2024
In the case of Jagdish Prasad Dubey
(supra) the issue before the Full Bench of the Madhya Pradesh High Court was
whether recovery can be ordered to be affected from the pensionary benefits or
from the salary, in view of an undertaking or Indemnity Bond taken by the
Page No.# 10/13
employer before the grant of benefit of pay fixation. The Full Bench of the
Madhya Pradesh High Court answered the following question by holding that
recovery can be effected from the pensionary benefits or from the salary, based
on the undertaking or the indemnity bond given by the employee before the
grant of benefit of pay refixation. Further, an undertaking made with reference
to refixation of pay done decades ago cannot be enforced.