• Income certificate

Can we sue or take action against the revenue department for forcing a candidate to show salary slip/certificate of parents for determining the annual income when it is known that salary income and income from agricultural land is not considered for Family annual income?
Is it necessory to show salary income for application of obc non-creamy layer when parents are state government group c employee?
Asked 7 years ago in Civil Law

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11 Answers

Hello,

It is the law which makes it mandatory , however , so you have to challenge the law before the HC

YES you are required to show the family income.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2974 Answers
6 Consultations

You cannot take any action if the state statute provides for mandatory declaration of parents income.

You are bound to disclose details of parents income if you are applying for obc ncl certificate to help them determine whether your application is genuine or not.

In case you have problem you need to challenge it before jurisdictional high court.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Please enlighten us if the salary and agricultural income is included in computation of family income then what are those incomes which are taken..

I am really confused what is your question for deciding the family income

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

Yes the revenue can ask for income certificate to make sure the details are correct to extent even in case of salaried income though it exempted under the notification, the officer can verify the details and can still give you NCL certificate there can be no suit being vigilant about the source of income while ascertain the status.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

It is not necessary however lower authorities are not well versed in law and insist on income certificate

2) don’t antagonise them by taking g legal proceedings against them

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

They are ignorant of law hence insist on income certificate

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

Hi,

It is suggested to submit the income the income certificate because the data may be used government for various statistical purposes also.

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

Can we sue or take action against the revenue department for forcing a candidate to show salary slip/certificate of parents for determining the annual income when it is known that salary income and income from agricultural land is not considered for Family annual income?

You cannot sue the revenue department for this but you can make a representation agaisnt their decision with their higher authority i.e., the District collector.

Is it necessary to show salary income for application of obc non-creamy layer when parents are state government group c employee?

There is nothing wrong in producing the same, but the law says that the salary income and income from agriculture should not be taken into account for deciding to grant OBC NCL certificate.

T Kalaiselvan
Advocate, Vellore
87471 Answers
2348 Consultations

If Salary income and agricultural income are excluded, then they should ask for the details of income other than salary and agricultural income for determining annual income.when law clearly states that, income criteria is not applicable in the case of group c employees, then what is the point to show salary slip to compute annual income?

If you keep arguing or agitating over this issue then you may not get the solutions immediately.

If they object to grant you the desired certificate based on the income of your parents, especially when they adamantly take into account their salary income, you may make a representation before the District collector on this and get the solutions.

T Kalaiselvan
Advocate, Vellore
87471 Answers
2348 Consultations

You can't sue them for performing their duty in good faith. If they are not performing their duty and are deliberately harrassing you then you can Complaint to their superiors.

Prashant Nayak
Advocate, Mumbai
32698 Answers
208 Consultations

You can complaint against such person with District collector

Anwar Zaidi
Advocate, Mira Bhayandar
233 Answers

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