✦ High Court of India · 27 Mar 2025

BY AD vs POOVAMULLE PARAMBIL ABDUL KAREEM P

Case Details High Court of India · 27 Mar 2025
Court
High Court of India
Decided
27 Mar 2025
Bench
N NAGARESH
Length
1,139 words

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: 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. 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. Cak Sd/- N.NAGARESH JUDGE WP(C) No.4222 of 2025 5 APPENDIX OF WP(C) 4222/2025 PETITIONER’S EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 TRUE COPY OF THE PENSION PAYMENT ORDER DATED 15/07/2024 ISSUED BY THE 2ND RESPONDENT TRUE COPY OF THE REPRESENTATION DATED 19/12/2024 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT 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 TRUE COPY OF THE EXPLANATION DATED 31/12/2024 SUBMITTED BY THE HEADMASTER OF THE SCHOOL TRUE COPY OF THE G.O(P)NO.4/2021/GEDN DATED 06/02/2021 ISSUED BY THE 7TH RESPONDENT TRUE COPY OF THE ORDER NO. B/3737/2021 DATED 14/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SRI. ASHRAF CHELERIKANDY KAYYALAKKAKATH TRUE COPY OF THE ORDER NO. B/8457/2021 DATED 20/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. DHANUSREE K V TRUE COPY OF THE ORDER NO. B/8443/2021 DATED 20/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SRI. ABOOBCKER CHELERIKANDY KAYYALAKKAKATH TRUE COPY OF THE ORDER NO. B/8455/2021 DATED 21/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT.SEENA K R WP(C) No.4222 of 2025 6 EXHIBIT P10 EXHIBIT P11 EXHIBIT P12 EXHIBIT P13 EXHIBIT P14 EXHIBIT P15 EXHIBIT P16 EXHIBIT P17 EXHIBIT P18 EXHIBIT P19 TRUE COPY OF THE ORDER NO. B/8453/2021 DATED 21/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. GHEETHU SREEDHARAN TRUE COPY OF THE ORDER NO. B/8444/2021 DATED 21/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. FAREEDA C M TRUE COPY OF THE ORDER NO. B/8445/2021 DATED 21/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SRI. SHERIN P TRUE COPY OF THE ORDER NO. B/8440/2021 DATED 21/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. SHAGINA P P TRUE COPY OF THE ORDER NO. B/8449/2021 DATED 25/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. SHAMITHA RAHNA R TRUE COPY OF THE ORDER NO. B/8451/2021 DATED 27/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. SHAJMA KANIYATTA TRUE COPY OF THE ORDER NO. B/8446/2021 DATED 25/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. NIMISHA G. S TRUE COPY OF THE ORDER NO. B/8447/2021 DATED 25/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SAHEEDA C K TRUE COPY OF THE ORDER NO. B/8452/2021 DATED 27/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SREYA A 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 WP(C) No.4222 of 2025 7 EXHIBIT P21 EXHIBIT P22 EXHIBIT P23 EXHIBIT P24 EXHIBIT P25 EXHIBIT P26 EXHIBIT P27 EXHIBIT P28 DATED 15/07/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SRI. DHAKSHIN C V TRUE COPY OF THE ORDER NO. B/17783/2021 DATED 14/07/2023 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. HARITHA S TRUE COPY OF THE ORDER NO. B/15340/2021 (1) DATED 15/07/2023 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. ANJORY MANOHARAN TRUE COPY OF THE ORDER NO. B/18103/2023 DATED 15/07/2023 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. SHANTHINI K TRUE COPY OF THE ORDER NO. B/15332/2021 DATED 15/07/2023 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. ASLAHA ABDULLA TRUE COPY OF THE ORDER NO. B/15333/2021 DATED 15/07/2023 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. SREEJU K V 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 TRUE COPY OF THE CIRCULAR NO.31/85/FIN. DATED 10/04/1985 ISSUED BY THE 1ST RESPONDENT 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 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

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: 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. 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. Cak Sd/- N.NAGARESH JUDGE WP(C) No.4222 of 2025 5 APPENDIX OF WP(C) 4222/2025 PETITIONER’S EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 TRUE COPY OF THE PENSION PAYMENT ORDER DATED 15/07/2024 ISSUED BY THE 2ND RESPONDENT TRUE COPY OF THE REPRESENTATION DATED 19/12/2024 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT 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 TRUE COPY OF THE EXPLANATION DATED 31/12/2024 SUBMITTED BY THE HEADMASTER OF THE SCHOOL TRUE COPY OF THE G.O(P)NO.4/2021/GEDN DATED 06/02/2021 ISSUED BY THE 7TH RESPONDENT TRUE COPY OF THE ORDER NO. B/3737/2021 DATED 14/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SRI. ASHRAF CHELERIKANDY KAYYALAKKAKATH TRUE COPY OF THE ORDER NO. B/8457/2021 DATED 20/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. DHANUSREE K V TRUE COPY OF THE ORDER NO. B/8443/2021 DATED 20/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SRI. ABOOBCKER CHELERIKANDY KAYYALAKKAKATH TRUE COPY OF THE ORDER NO. B/8455/2021 DATED 21/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT.SEENA K R WP(C) No.4222 of 2025 6 EXHIBIT P10 EXHIBIT P11 EXHIBIT P12 EXHIBIT P13 EXHIBIT P14 EXHIBIT P15 EXHIBIT P16 EXHIBIT P17 EXHIBIT P18 EXHIBIT P19 TRUE COPY OF THE ORDER NO. B/8453/2021 DATED 21/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. GHEETHU SREEDHARAN TRUE COPY OF THE ORDER NO. B/8444/2021 DATED 21/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. FAREEDA C M TRUE COPY OF THE ORDER NO. B/8445/2021 DATED 21/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SRI. SHERIN P TRUE COPY OF THE ORDER NO. B/8440/2021 DATED 21/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. SHAGINA P P TRUE COPY OF THE ORDER NO. B/8449/2021 DATED 25/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. SHAMITHA RAHNA R TRUE COPY OF THE ORDER NO. B/8451/2021 DATED 27/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. SHAJMA KANIYATTA TRUE COPY OF THE ORDER NO. B/8446/2021 DATED 25/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. NIMISHA G. S TRUE COPY OF THE ORDER NO. B/8447/2021 DATED 25/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SAHEEDA C K TRUE COPY OF THE ORDER NO. B/8452/2021 DATED 27/05/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SREYA A 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 WP(C) No.4222 of 2025 7 EXHIBIT P21 EXHIBIT P22 EXHIBIT P23 EXHIBIT P24 EXHIBIT P25 EXHIBIT P26 EXHIBIT P27 EXHIBIT P28 DATED 15/07/2021 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SRI. DHAKSHIN C V TRUE COPY OF THE ORDER NO. B/17783/2021 DATED 14/07/2023 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. HARITHA S TRUE COPY OF THE ORDER NO. B/15340/2021 (1) DATED 15/07/2023 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. ANJORY MANOHARAN TRUE COPY OF THE ORDER NO. B/18103/2023 DATED 15/07/2023 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. SHANTHINI K TRUE COPY OF THE ORDER NO. B/15332/2021 DATED 15/07/2023 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. ASLAHA ABDULLA TRUE COPY OF THE ORDER NO. B/15333/2021 DATED 15/07/2023 GRANTING APPROVAL BY THE 4TH RESPONDENT TO SMT. SREEJU K V 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 TRUE COPY OF THE CIRCULAR NO.31/85/FIN. DATED 10/04/1985 ISSUED BY THE 1ST RESPONDENT 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 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

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