• OBC non-creamy layer

Sir,
My parents are class 3 government employees with annual income of 12 lakhs..And we have unirrigated agricultural land in the village with income within Rs 1 lakh ..As we have agricultural land holding,do I need to go through income/wealth test? If I undergo through the income/wealth test ,will I come under Obc creamy or non creamy layer?We have no extra wealth except the salary(12 lakh) and agricultural income(1 lakh).
Asked 7 years ago in Intellectual Property

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5 Answers

you do not fall with the creamy layer

2) OBC-NC for government employee is decided by status in the job not income

3) since your parents are class 3 govt employees even at age of 40 you would fall under OBC NL

4) you do not need to go through income / wealth test

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

as per the Rule of Exclusion of Creamy Layer, the persons mentioned in

Category I, II and III with certain exceptions are excluded from the

benefits of reservation. As per Category II A & B (Service Category),

the son(s) and daughter(s) of Group A/Class I Officers and both the

parents of Group B/Class II Officers only are excluded from availing

the the benefit of reservation. All other Officers i.e. if only one of the

parents is a Group B/Class II Officer and all the Officers below the

Category II Officers are entitled to avail the rule of reservation unless

their other income other than the salaries and agricultural land

exceeds the income criteria limit prescribed in Category VI.

2)In fact the DoPT in its clarifications issued in OM

No.36033/5/2004 Estt(Res) dated 14th October, 2004 has clarified

with regard to the following question:

4(x) 4(x) What is the scope of the explanation, ‘Income from salaries

or agricultural land shall not be clubbed’, given below the

Income/Wealth Test ?

Answer: It was clarified in para 10 that while applying the

“Income/Wealth Test to determine creamy layer status of any

candidate as given in Category-VI of the Schedule to the OM, income

from the salaries and income from the agricultural land shall not be

taken into account. It means that if income from other sources

other than the salary and agriculture exceeds the income limit,

then only the candidates shall be treated as Creamy Layer.

4) you do not fall under OBC CL . you are entitled to benefit of OBC NL certificate

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

For Central government job or education institute, Income criteria is 6 lakhs p.a but this include income other than government salary and income through agricultural land.

Reservation is based on status of your parent not on income.

Income is just a factor to quantify status

if your parents are class 3/4 employee , and annual income is above 6 lakhs(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.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Even if I undergo wealth/income test,shall the salary of my parents or the agricultural income be included to calculate the gross income?Shall I fall under creamy or non creamy layer of OBC?

if your parents are class 3/4 employee , and annual income is above 6 lakhs(no matter what amount) , but this is solely on the basis of the govt salary or through agricultural land , then you are still non creamy layer and not fall under creamy layer.

Reservation is based on status of your parent not on income.

Income is just a factor to quantify status.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 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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