• OBC reservation and creamy layer status

Please clarify if son /daughter of Parents falling under Service category are entitled to get OBC reservation under following condition:-
If Father was Directly Recruited class I/Group A officer and died during service period and Mother is serving Class iii/Group C employee .Mother has now been directly recruited on Class I/Group A post under Widow reservation at age of 55 years. If Mother joins Class I/Group A post at age of 55 years, what effect would be on OBC reservation status of son /daughter. Conditions applied- Both Parents neither had nor mother currently has any source of income other than salary and pension. Both parents have not served in any International organizations.
It has been mentioned in OBC annexure for creamy layer rules that children of parents died during service period or promoted to Class I/Group A post after 40 years of age will not be included in creamy layer, but I want specific rule regarding direct recruitment after 40 years of age and creamy layer status of children . Kindly give reference/proof from court judgments,office memorandum or rules.
Asked 7 years ago in Labour

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3 Answers

(i) if parents, either of whom is a direct Class I officer or

(ii) parents, both of whom are direct Class II officers or

(iii) parents of whom only the father is a direct Class II officer and he gets into Class I at the age of 40 or earlier

then the children are creamy layer.

2) Eligibility regarding a government servants is only based on the level he/she is in, but not by the salary they earn.

3) The Schedule further provides that sons and daughters of:

(i)

parents either of whom or both of whom are directly recruited Class

incapacitation; I/Group A officer(s) and such parent(s) dies/die or suffers/suffer permanent incapication

shall not be treated to be falling in creamy layer.

4) could not find any rule regarding direct recruitment of parent after 40 years of age and cremay layer status of children .

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

The word 'Creamy Layer' was introduced in 1971 to demarcate the wealthier part of the society and to exclude them from availing the reservations granted in various governmental jobs and educational institutions for the Other Backward Classes (OBC).

If the parents both of whom are directly recruited class I Officers/Group A Officers, the children shall be treated to be falling in creamy layer.

You may have to enquire about this rule further with the authorities granting the certificate about your eligibility..

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

It appears that you do not want to accept the fact or the rules or law in this regard hence you are coming out with such sarcastic remarks.

If you know law better than anyone you should not have shot this question here in the experts forum here.

If you had gone through my reply you could have found that the law says that if the parents both of whom are directly recruited class I Officers/Group A Officers, the children shall be treated to be falling in creamy layer. Your father was recruited directly to the class I Officer post, hence under the law, you may not be eligible. Fight against the government for framing this law.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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