D.N. Patel, J. - (1.) Learned counsel for the petitioner has submitted that the petitioner is serving with the respondents. Despite having services rendered by the petitioner, he was neither paid salary from June. 2008 to till today nor other benefits which are referred to in Para Nos. 21 to 27 of the petition, though paid to others, nor the respondents are allowing the withdrawal of the amount from the General Provident Fund Account of the petitioner. Petitioner is in need of rupees Two Lakhs Eighty Thousands because his daughter is to be admitted in Master of Business Administration Course, for payment of the fees. It is submitted by the learned counsel for the petitioner that initially, son of the present petitioner was admitted in Engineering Faculty, therefore, money was demanded and after lot of hesitation, the same was paid by the respondents. Now, by this time, the daughter is to be admitted after degree Course in a Post Graduation Study and, therefore, towards payment of the fees, rupees two lakh eighty thousand has been demanded. It is submitted by the learned counsel for the petitioner that total outstanding amount towards salary from June, 2008 to March, 2009 comes to rupees one lakh eighty-five thousand (without interest) and total amount towards benefits like difference of salary on account of Sixth Pay Commission etc. referred to in Para 1 of the writ petition, for the period running from January, 2003 to March, 2004, comes to approximately rupees one lakh eighty-one thousand eight hundred forty seven paise (without interest). The third amount for which the petitioner is entitled is, - from the General Provident Fund Account, in which total amount lying in General Provident Fund Account of the petitioner is rupees two lakh thirty six thousand one hundred one and twenty paise, and as per the rules, petitioner is entitled to withdraw towards non-refundable amount of 75% of the total General Provident Fund amount, which comes to rupees ninety four thousand nine hundred thirty eight and forty one paise. Thus, three sizeable amounts are lying with the respondents, as stated here-in-above, despite this fact, the respondents are not releasing rupees two lakh eighty thousand, which is necessary for the payment of the fees of Master in Business Administration Studies of the daughter of the present petitioner.
(2.) It is submitted vehemently by the learned counsel for the petitioner that respondents are paying regular salary and all the other benefits (as stated in para one of the memo of the petition), has been paid to the several employees, their names have been given in paragraph 21 onwards, but, the petitioner is discriminates to several persons to whom salaries are paid and other benefits have also already been paid, though the petitioner is dire in need of rupees two lakh eighty thousand and despite aforesaid three different amounts are lying with the respondents, they are not realising the fund and, therefore, they may be directed to make the payment of rupees two lakh eighty thousand forthwith.
(3.) It is submitted by the learned counsel for the respondents that respondents are having no money, but, only to few persons salary and other benefits have been paid as they have .been sent on deputation to another department. It is also submitted by the learned counsel for the respondents that a counter-affidavit has been filed by one Shri Bhim Sen Singh, who is a Technical Member-cum-Additional Charge of Secretary in Mineral Area Development Authority, Dhanbad who says on oath that in Para 9 that as a matter of fact total amount including contribution from the petitioner and the employer, available in his Provident Fund Account, is rupees ninety five thousand two hundred fifty-five and seventy five paise only and, therefore, this amount cannot be paid to the petitioner.;