Kerala High Court
Vijayan vs Cochin Corporation on 17 March, 2009
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7401 of 2009(U)
1. VIJAYAN, AGED 49 YEARS
... Petitioner
2. S.PADMANABHA PILLAI,AGED 55 YEARS
3. VENU P.K.,
Vs
1. COCHIN CORPORATION
... Respondent
2. HEALTH OFFICER, KOCHI CORPORATION.
For Petitioner :SMT.T.B.MINI
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :17/03/2009
O R D E R
T.R.RAMACHANDRAN NAIR, J
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W.P.(C) No. 7401 of 2009
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Dated this the 17th day of March, 2009
JUDGMENT
The petitioners are drivers working in the Health department of the Cochin Corporation. According to them, their salary income for the year 2008-09 is below Rs.1.5 lakhs. By Ext.P2 the Health Officer directed the Health Inspectors to prepare an income tax statement of all contingent employees who have an income above Rs.1 lakh after computing Salary, Bonus, Arrear Surrender and to submit the same along with the salary bill.
2. It is also stated in Ext.P2 that persons who are liable to pay income tax on the amount should be deducted from the monthly salary bill.
3. On instructions, the learned Standing counsel for the Corporation submitted that the amount shown as one lakh in Ext.P2 is a mistake and the same is actually 1.5 lakhs. It is therefore, submitted that steps are being taken to cure the defects and the statement is required only in respect of the persons who are having salary income above 1.5 lakhs. wpc:7401 of 2009 2
4. It is submitted that a revised memo will be issued instead of Ext.P2. Petitioners have got a case that the components like Bonus, Arrear Surrender, Salary benefits etc. cannot be reckoned while computing the total income for the purpose of income tax. It is assured by the learned standing counsel that this aspect will be examined by the Secretary in consultation with a Chartered Accountant and then only other follow up actions will be pursued.
The Writ Petition is disposed of accordingly.
T.R.RAMACHANDRAN NAIR, JUDGE bps