• Obc non-creamy layer

Sir,
My father is a direct recruit class B govt employee.(not promoted at 40 years of age ) and is in the same post till now.His annual income is 7 lakhs per annum. And my mother is a class C govt employee with annual income of 6.5 lakhs per annum. Their total salary is 13.5 lakhs per annum..Do I fall under OBC creamy or non creamy layer?Can I obtain OBC certificate?
Asked 8 years ago in Constitutional Law

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3 Answers

If parents of whom only the father is a direct Class II employee then the candidate shall not be treated as creamy layer & will be eligible for OBC reservation irrespective of any salary income. .

2) 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.

3) in your case you would fall under OBC NCL as your father at age of 40 was not group A employee

4) for government employees only their position in the office is the criterion for non-creamy layer status.

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

1. 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

Since your father is a direct Class II Officer in the government services, you would come under the Creamy layer and hence you may not be eligible for non-creamy layer privileges/concessions given by the government.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

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