• OBC NCL criteria for PSU employees

Sir,
My father is working in public sector presently at the post of Dy General Manager (E6 grade). He was recruited to the post of Engineer Trainee (E0 grade). Though his salary is more than 6 Lakhs per annum, am I still eligible for OBC NCL category? If yes, what is procedure and what documents are required to get a OBC NCL certificate.
I shall be highly obliged with your reply.

regards
Nikita
Asked 7 years ago in Constitutional Law

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5 Answers

your father should not have been recruited as a Group I officer or should not have been recruited as a Group II officer and gotten promoted as a Group I officer before the age of 40.

2) since your father was recruited as engineer trainee he was not recruited as group 1 officer .

3) you have not mentioned what grade your father was at the age of 40 .

4) if your father was not promoted as class 1 officer beefore age of 40 you would be eligible for OBC NL

4) ocuments required as proof for the aforementioned items:

a) Your parent(s)'s recruitment order (or) proof to show that he/she was recruited as a Group III/Group IV officer at the time of recruitment. (OR) In case, the parent was promoted as a Group I officer after the age of 40, relevant proof for the same.

b) IT returns of the father for the last three financial years.

c) Proof of you belonging to an OBC caste as specified under the Gazette, clearly mentioning the state and central list number of your caste.

d) Proof of your father's caste in the form of his TC (transfer certificate) from the last attended educational institution.

5) your father income is immaterial it is his designation that determines your creamy layer status

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Income test is applicable when there is no equivalence of posts vis a vis government grades as that of govt, psu employees.. here as per the latest rules the income should not exceed 6 lakhs...for this last 3 years IT return is required and if any of the year has less than 6 lakhs income of parents then candidate comes under non creamy layer...

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

relating to the employees in public sector undertakings, if such an employee in public sector undertaking, etc. is holding a post which is equivalent to Group-A/Class-I or Group-B/Class-II enumerated therein, then the said criteria would apply mutates mutants to these officers and, therefore, one will have to fall back to the criteria mentioned against Group-A/Class-I and Group-B/Class-II posts to determine as to whether the rule of exclusion applies or not. In case there is no equivalence or comparison, it is provided that then the criteria would be as specified in Category-C, namely, 'Income/Wealth Test'

2)govt issued certain clarifications vide Circular dated 14.10.2004 and it would be necessary to take note of paras 3, 6 and 9 thereof, which read as under:

3. The criteria prescribed for determining creamy layer status of sons and daughters of persons in Government service mutates mutants applies to the sons and daughters of persons holding equivalent or comparable posts in PSUs, Banks, Insurance Organisations, Universities, etc. and also holding equivalent or comparable posts and positions under private employment. The creamy layer status of the sons and daughters of employees of organizations where evaluation of the posts on equivalent or comparable basis has not been made is determined on the basis of 'Income/Wealth Test' given in the Schedule. The Income/ Wealth Test prescribes that the sons and daughters of persons having gross annual income of Rs. 2.5 lakh or above or possessing wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years would be treated to fall in creamy layer. An explanation is given below the Income/Wealth Test which provides that income from salaries or agricultural land shall not be clubbed.

To a query in Clause (iv) of para 4, the answer given in para 6 is as follows:

6. In regard to Clause (iv) of para 4, it is clarified that sons and daughters of parents who are included in the creamy layer on the basis of service status of their parents shall continue to be treated in creamy layer even if (Illegible).

Para 9 of this Circular prescribes the mode of calculating the gross annual income of Rs. 2.50 lacs. This para was clarification in answer to query contained in Clause (ix) of para 4. This query was - 'How will be the Income/Wealth Test apply in case of Sons and daughters of parent(s) employed in PSUs etc in which equivalence or comparability of posts has not been established vis-a-vis posts in the Government'?. The answer given to this query in para 9 is as follows:

9. In regard to Clause (ix) of para 4, it is clarified that the creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-a-vis posts in Government has not been evaluated is determined as follows:

4) Income of the parents from the salaries and from the other Sources (other than salaries and agricultural and) is determined separately. If either the income of the parents from the salaries or the income of the parents from other sources (other than salaries and agricultural land) exceeds the limit of Rs. 2.5 lakh per annum for a period of three consecutive years, the sons and daughters of such persons shall be treated to fall in creamy layer. But the sons and daughters of parents whose income from other sources is also less than Rs. 2.5 lakh per annum and income from other sources is also less than Rs. 2.5 lakh per annum will not be treated as falling in creamy layer even if sum of the income from salaries and the income from the other sources is more than Rs. 2.5 lakh per annum for period of three consecutive years. It may be noted that income from agricultural land is not taken into account while applying the Test.

5) in your case if equivalence of posts are not established father income for last 3 years would be considered . since income is above 6 lakhs you would fall under creamy layer

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Your parent(s) should not have been recruited as a Group I officer or should not have been recruited as a Group II officer and gotten promoted as a Group I officer before the age of 40.

As per rules for psu/bank /insurance employees , equivalent post /position will be determined vis- a vis central/state govt,pending the evaluation of the posts on equivalent or comparable basis in these institutions,

Checklist

1. If your father’s and mother’s combine income is less than 6 lakh PA ?

If your annual family (Definition of family-father, mother & minor children below 18 years) income (excluding government salary and agricultural income) is more that Rs. 6 lakhs in all the last three years every year, you are creamy layer. It means that if this annual income is less then Rs. 4.50 lakhs for any one of the three years you are a non-creamy layer.

2. Is your father/mother is central gov. officer?

For Central or State Government officers- If

(i) 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.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

The equivalent post may be established or not but the criteria remains same as far as the eligibility conditions are concerned.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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