2025:KER:27428 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 27TH DAY OF MARCH 2025/6TH CHAITHRA, 1947 WP(C) NO.4222 OF 2025 PETITIONER MANOJAN METHATTA, AGED 56 YEARS, S/O. GOVINDAN M, HEADMASTER (RETIRED), RESIDING AT NIRMAYA’, KURUMBUKKAL, NIRMALAGIRI POST, KANNUR DISTRICT, PIN - 670701 BY ADVS. POOVAMULLE PARAMBIL ABDUL KAREEM P K.N.KUMARASWAMY SARMA RESPONDENTS 1 PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 ACCOUNTANT GENERAL (A & E) OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM, PIN - 695039 3 DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, PIN - 670002 4 ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, MATTANNUR, KANNUR DISTRICT, PIN - 670702 2025:KER:27428 WP(C) No.4222 of 2025 2 5 DISTRICT FINANCIAL AUDIT SQUAD SECRETARIATE UNIT OF FINANCIAL AUDIT SECTION, COLLECTORATE, KANNUR, PIN - 670002 6 TREASURY OFFICER KUTHUPARAMBA SUB-TREASURY OFFICE, KUTHUPARAMBA, KANNUR DISTRICT, PIN - 670643 7 SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIATE, THIRUVANATHAPURAM, PIN - 695001 8 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001 GP SRI. TONY AUGUSTINE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27428 WP(C) No.4222 of 2025 3 JUDGMENT Dated this the 27th day of March, 2025 The Petitioner who retired as Headmaster of an Aided school in Kannur, has filed this writ petition aggrieved by denial of DCRG to the petitioner on the ground that an audit objection is pending and the petitioner’s liability is fixed. 2. In the counter affidavit filed by the 1st respondent, the 1st respondent has stated as follows: “It is submitted that Ext.23, issued by the District Finance Inspection Squad, Kannur, was intended solely to seek an explanation from the Assistant Education Officer, Mattannur (the counter-signing authority), and the Drawing and Disbursing Officer (in this instance, the Headmaster of Meruvambayi MUP School, through the Assistant Education Officer Mattannur) regarding the violation of the instructions contained in Ext.R1 (a) Circular No. 07/2021/Fin dated 27.01.2021. It is submitted that the said Enquiry Note was issued by the District Finance Inspection Squad, Kannur, based on the information provided by the relevant authorities. At no point, either through the Enquiry Note or by any other means, did the District Finance Inspection Squad, Kannur, direct the Assistant Education Officer, Mattannur, to withhold the disbursement of DCRG to the petitioner. Ext. P3 was issued to the Assistant Education Officer, Mattannur, as part of the process of collecting details and obtaining the opinion of the officer concerned in relation to the inspection conducted.” 3. From the counter affidavit, it is clear that so far no liability has been fixed or imposed on the petitioner. 2025:KER:27428 WP(C) No.4222 of 2025 4 Therefore, the continued withholding of DCRG cannot be justified. The writ petition is therefore disposed of directing the 4th respondent to disburse DCRG due to the petitioner within a period of one month. Sd/- N.NAGARESH JUDGE Cak 2025:KER:27428 WP(C) No.4222 of 2025 5 APPENDIX OF WP(C) 4222/2025 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE PENSION PAYMENT ORDER DATED 15/07/2024 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 19/12/2024 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE LETTER NO. AEOMTN/514/2024-A DATED 26/12/2024 ISSUED BY THE 4TH RESPONDENT ALONG WITH REPORT OF THE 5TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE EXPLANATION DATED 31/12/2024 SUBMITTED BY THE HEADMASTER OF THE SCHOOL EXHIBIT P5 TRUE COPY OF THE G.O(P)NO.4/2021/GEDN DATED 06/02/2021 ISSUED BY THE 7TH RESPONDENT EXHIBIT P6 TRUE COPY OF THE ORDER NO. B/3737/2021 DATED 14/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SRI. ASHRAF CHELERIKANDY KAYYALAKKAKATH EXHIBIT P7 TRUE COPY OF THE ORDER NO. B/8457/2021 DATED 20/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. DHANUSREE K V EXHIBIT P8 TRUE COPY OF THE ORDER NO. B/8443/2021 DATED 20/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SRI. ABOOBCKER CHELERIKANDY KAYYALAKKAKATH EXHIBIT P9 TRUE COPY OF THE ORDER NO. B/8455/2021 DATED 21/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT.SEENA K R 2025:KER:27428 WP(C) No.4222 of 2025 6 EXHIBIT P10 TRUE COPY OF THE ORDER NO. B/8453/2021 DATED 21/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. GHEETHU SREEDHARAN EXHIBIT P11 TRUE COPY OF THE ORDER NO. B/8444/2021 DATED 21/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. FAREEDA C M EXHIBIT P12 TRUE COPY OF THE ORDER NO. B/8445/2021 DATED 21/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SRI. SHERIN P EXHIBIT P13 TRUE COPY OF THE ORDER NO. B/8440/2021 DATED 21/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. SHAGINA P P EXHIBIT P14 TRUE COPY OF THE ORDER NO. B/8449/2021 DATED 25/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. SHAMITHA RAHNA R EXHIBIT P15 TRUE COPY OF THE ORDER NO. B/8451/2021 DATED 27/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. SHAJMA KANIYATTA EXHIBIT P16 TRUE COPY OF THE ORDER NO. B/8446/2021 DATED 25/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. NIMISHA G. S EXHIBIT P17 TRUE COPY OF THE ORDER NO. B/8447/2021 DATED 25/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SAHEEDA C K EXHIBIT P18 TRUE COPY OF THE ORDER NO. B/8452/2021 DATED 27/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SREYA A EXHIBIT P19 TRUE COPY OF THE ORDER NO. B/8450/2021 DATED 03/06/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. FATHIMA K EXHIBIT P20 TRUE COPY OF THE ORDER NO. B/15386/2021 2025:KER:27428 WP(C) No.4222 of 2025 7 DATED 15/07/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SRI. DHAKSHIN C V EXHIBIT P21 TRUE COPY OF THE ORDER NO. B/17783/2021 DATED 14/07/2023 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. HARITHA S EXHIBIT P22 TRUE COPY OF THE ORDER NO. B/15340/2021 (1) DATED 15/07/2023 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. ANJORY MANOHARAN EXHIBIT P23 TRUE COPY OF THE ORDER NO. B/18103/2023 DATED 15/07/2023 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. SHANTHINI K EXHIBIT P24 TRUE COPY OF THE ORDER NO. B/15332/2021 DATED 15/07/2023 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. ASLAHA ABDULLA EXHIBIT P25 TRUE COPY OF THE ORDER NO. B/15333/2021 DATED 15/07/2023 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. SREEJU K V EXHIBIT P26 TRUE COPY OF THE ORDER NO. B/15338/2021 DATED 15/07/2023 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SRI.ASWIN SURESH P K EXHIBIT P27 TRUE COPY OF THE CIRCULAR NO.31/85/FIN. DATED 10/04/1985 ISSUED BY THE 1ST RESPONDENT EXHIBIT P28 TRUE COPY OF THE CIRCULAR NO. H2/19500/2019/DGE DATED 26/02/2021 ISSUED BY THE 2ND RESPONDENT RESPONDENTS EXHIBITS EXHIBIT R1(A) TRUE COPY OF CIRCULAR NO. 07/2021/FIN DATED 27-01-2021 EXHIBIT R1(B) TRUE COPY OF ENQUIRY NOTE 1 OF DISTRICT FINANCE INSPECTION SQUARD, KANNUR DATED 2025:KER:27428 WP(C) No.4222 of 2025 8 21-05-2024 EXHIBIT R1(C) TRUE COPY OF LETTER NO. AEOMTN.613/24-B DATED 27-05-2024