• OBC non-creamy layer

Sir,
My father is a class III government teacher and my mother is also a class III government teacher.The salary of my father is 6 lakh per annum and my mother's salary is also 6 lakh per annum that is the combine salary is 12 lakh per annum. Except this salary they have no other source of income. Please clarify if I belong to OBC Non Creamy Layer.
Asked 7 years ago in Constitutional Law

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8 Answers

as per the Central creamy layer criterion II & III dated 08.09.1993 only the sons and daughter of following “government servants” will be treated as creamy-layer.

(i) Parents, either of whom is a Group-A officer. (Direct Recruitment)

(ii) Parents, both of whom are Group-B officers. (Direct Recruitment)

(iii) Parents of whom only the father is a Group-B officer and he gets into Group-A at the age of 40 or earlier.

2) in your case you would fall under OBC NCL as your parents at age of 40 were not group A employee

3) for government employees only their position in the office is the criterion for non-creamy layer status. Excluding all Class I employees and direct recruits of Class II cadre, all other govt. servants having income greater than 6 lakhs are still eligible for the OBC non creamy layer certificates

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Under the present circumstances you belong to OBC creamy layer.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

You do not fall under creamy layer

2) salary is immaterial for govt employees

3) you would be entitled to certificate under OBC NL

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1) don't suppress any material facts

2) you would be dismissed from govt service if fraud is discovered later

3) if authorities refuse to issue you OBC certificate file writ petition in HC to direct authorities to issue you OBC NL certificate

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

If your parents are class 3/4 employee , and annual income is above 6 lacs(no matter what amount) , but this is solely on the basis of the govt salary or through agricultural land , then you are still NCL not CL.

Reservation is based on status of your parent not on income. Income is just a factor to quantify status.And your(candidate’s) own Income does not matter at all.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

please explain how do I come under obc creamy layer?Because my parents belong to class 3 government employees.And salary doesn't matter in case of government employees..Please correct me if I am wrong.

You are right that you do not fall under the category of creamy layer when your parents are Class III employees. The salary income is not the criteria for determining the NCL status.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

When I went to obtain obc non creamy certificate,they refused that it can't be issued as the salary of my parents is 12 lakhs.(though both are class 3 employees)..Caste certificate is being denied to me.There is only one option.That is showing the income of either father or mother.Will it be a problem for me in future if I get into a government job? What shoud I do?

You may have to insist on the authorities to about the rules that the income of both the parents may exceed 6 lakhs but their status is non-creamy because they both are class III employees.

Income is just a factor to quantify status.

You can issue a legal notice to the Tahsildar asking for the reasons for his refusal to issue the desired certificate it otherwise eligible.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

no you don't fall under creamy layer because in Siddharth saini vs state of haryana (2001) 10 SCC 625; the supreme court has decided that amount of gross salary received by the father shall not be taken into consideration for determination of creamy layer and grant of benefit to OBC.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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