To Our Beloved Director

Yes, 'n' how many times can a man turn his head,

Pretending he just doesn't see?

The answer, my friend, is blowin' in the wind,

The answer is blowin' in the wind.


- Bob Dylan

ANOTHER EXAMPLE OF DICHOTOMY

Respected Teachers,

We are writing this to you with deep anguish and pain. Being an Institute of National Importance this institute symbolizes academic and professional excellence unparalleled in this country. We came with high hopes and aspirations to be a part of this tradition, to be a future torchbearer of excellence. However due to the utmost incompetence and callousness of some administrative section of this institute our dreams lie shattered, we feel alienated. Unfortunately, the highest authority of this institute has fallen an innocent victim of this administrative quagmire. We are once again highlighting the double standards that are being blatantly and shamelessly displayed by the administration of this institute.

The Director and the Registrar in their last meeting with the residents and the HODs (On 23.12.2008) told that we are not residents but students of this institute, despite working upto 36 hrs at a stretch like a resident. Moreover, as per the answer provided to Dr. Nikhil S Bhoomkar [PDCC Anesthesia 2008 batch, course completed on 31/12/08] in RTIA/64/SCTIMST/2008 dated 16-12-2008 the institute has clearly stated that we are students and not employee of this institute.
However, quite astonishingly, the same office is issuing certificates that clearly declares us as senior residents.

Both the documents are attached herewith.

Sincerely yours,

Resident Doctors.

Response from Director

The Director has forwarded your mail to the concerned authorities for immediate clarification for the points you have raised.
o/o the Director

Letter to Director on 27.01.09: STIPEND IS ALSO NOT TAXABLE

Respected Sir,

This to draw your kind attention to some of the important facts regarding Income tax on stipend that have been repeatedly misrepresented to you.

1. In the answer provided to Dr. Nikhil S Bhoomkar [PDCC Anesthesia 2008 batch, course completed on 31/12/08] as per RTIA/64/SCTIMST/2008 dated 16-12-2008 the institute has clearly stated that it provides "STIPEND" to the students and not "SALARY". As per the opinion of some leading Tax consultants of the country and the references attached herewith it has been clearly established that STIPEND IS NOT TAXABLE.

A) [1981] 128 ITR 527 (KAR.) HIGH COURT OF KARNATAKA Ratnakar Rao (A) v. Additional Commissioner of Income-tax
B) [1990] 184 ITR 533 (MAD.) HIGH COURT OF MADRAS Dr. V. Mahadev v. Commissioner of Income-tax
C) High Court of Bangalore, Bench of Income-Tax Appellate Tribunal in ITO versus Dr G. N. Ramachandran 1 ITD 902
D) [1983] 15 Taxman 100 ITAT Jaipur High Court Bench, Sudhir Kumar verma Vs ITO

2. As per the same reference (RTIA/64/SCTIMST/2008) it has been further stated that as the institute considers the payment to students as "STIPEND" , the recommendation of the 6th Pay Commission is not applicable to them, unlike other employees of this institute. Therefore, Sir, as there is no employer - employee relationship between the institute and the students the stipend provided to them is not taxable.

Sir, we strongly feel that you have been misdirected on this issue by the Academic and Financial section of our institute and we request for the following actions

1. Clarify the employer - employee status between the PG Students/Resident Doctors and the Institute.

2. If we are the employee of this institute and eligible for TDS ( Tax deduction at source - the current prevailing system), kindly make arrangement for payment of arrears and other benefits like medical reimbursement, HRA, book grants etc.
If we are not the employee of this institute then kindly stop deduction of TDS with immediate effect and make necessary arrangements for refunding the amount deducted so far.

3. Kindly let us know if any disciplinary action will be taken against the signing authorities of those misleading orders who have caused unnecessary trouble for this Institute of National Importance.
Sincerely yours'
Resident Doctors of SCTIMST

IMPORTANT: Reply from the Director

Dear Friends,
We had a reply from the director via e-mail on 8.01.09 11:31 AM.

Dear Doctors,

The memorandum will be placed in the next Academic Committee meeting as discussed in the meeting held on 23rd December.
Thanking you
O/O the Director


Prof. K. Mohandas
Director
Sree Chitra Tirunal Institute for Medical Sciences & Technology
Immediate Past Chair, Association of Commonwealth Universities
Past President, Association of Indian Universities
Thiruvananthapuram-695011. India
Phone: + 91 471 2443085. Fax: + 91 471 2446433

Memorandum to Director

Dear Friends,
As per decision taken in our last meeting with the director, in the presence of all HODs, we have given the following memorandum to the director. He has promised that he will discuss these issues in the governing body meeting and will try to solve it as soon as possible. We have deliberately focused on the arrears issue in this memorandum.

From:-

The Resident Doctors

Sree Chitra Tirunal Institute for Medical Sciences and Technology

Medical College PO

Thiruvananthapuram 695011

To:-

The Director,

Sree Chitra Tirunal Institute for Medical Sciences and Technology

Medical College PO

Thiruvananthapuram 695011

Respected Sir, December 24, 2008

Sub: Memoranda seeking payment of financial arrears accruing from the recommendations of the Sixth Pay Commission

1. We, the resident doctors of the Sree Chitra Tirunal Institute for Medical Sciences and Technology are salaried employees of the Institute were drawing remuneration in the pay scale Rs 10000-325-10975 (pre-revised). In accordance with the recommendations of the Sixth Pay Commission (and of the precedent in the Institute whereby the pay fixation of academic staff working in the Institute is on the pattern of other autonomous institutions of similar character, viz. All India Institute of Medical Sciences, New Delhi, the Post Graduate Institute of Medical education and Research, Chandigarh etc) our pay has been kindly revised to the scale Rs 15600-39100 with the effect from November 1, 2008.

2. The recommendations of the Sixth Pay Commission are applicable from 01-01-2006, the Institute has for its other employees paid partial arrears on account of this on December 23, 2008 (vide P & A. 1/X/24/SCTIMST/2008 dated 25.11.2008). Your kind attention is drawn to the Central Civil Services (Revised Pay) rules 2008 whereby all civil appointees whose pay is debitable to the Civil Estimates are eligible to receive both enhanced pay and arrears in pay with the effect from 01.01.2006 (para 2, section 1, CCS (Revised Pay) rules 2008. The Gazette of India no 470, 29/08/08, pp31). In further explication of these orders as applied to the autonomous institutes under ambit the Government of India has clearly mandated that these bodies are required to adopt the revised pay structure as stipulated in Section I and II of Part A of the First Schedule of the Civil Services (Revised Pay) Rules 2008. (Ref no 7/23/2008-E III (A) dated 07/10/2008, enclosed).

3. And, whereas the Institute has for other categories of staff implemented partial payment of areas on December 23, 2008, it has withheld payment of due arrears in pay to us. We humbly state that the Institute is outside powers to partially implement the CCS (Revised Pay) Rules 2008 for some sections of its employees. We have been legally advised that this is also a violation of our rights as citizens of India to be treated equally before the law as guaranteed by Article 14 of the Constitution of India.

4. We, therefore humbly request the Institute to expeditiously pay the arrears that accrue to us in accordance with the above. This memorandum is without prejudice to our legal rights, individually and severally, to seek appropriate judicial remedy for the payment of such arrears and financial compensation for the undue delay in their payment by the Institute.

Kindly return a copy of this memorandum in acknowledgement of receipt.

Thanking You,

Yours sincerely

Resident doctors of SCTIMST (signatures appended as annexure 1-6)

Update on current proceedings

Dear Friends,
We are planning to meet the director latest by 13th (Saturday) and then we shall decide our future course of action. Today our representatives had a meeting with Prof. Radhakrishnan and he had agreed to the cause of our agitation. He is going to meet the director tommorrow on this issue. We have forwarded the following mail to him.

Respected Sir,
Thank you for your support and concern for our cause. After your meeting with our representatives, we have decided to meet the director again in your presence. With the chance of general elections being declared early, we are worried that the process may be delayed indefinitely because of election commission restrictions. Moreover, even the new salary is still to be declared for the residents, which adds to our anxiety. We have deep belief and faith in you and other HODs to resolve this issue in a fruitful manner and in a reasonable time frame. For these reasons we request you to arrange a meeting with the director and our representatives in presence of YOU and available HODs, latest by 13.12.08 (Saturday).
Sir, this is not a demand but an earnest request to our most sincere wellwisher.
With deep regards,
Resident doctors of SCTIMST.