• OBC creamy layer

Sir,
My father is a direct recruit Class B government teacher and he is still in group B at the age of 53.
His annual income is 6 lakhs per annum.
My mother is a direct recruit Class C government teacher and she got promoted to group B at the age of 39 years.Her annual income is also 6 lakhs per annum.
So combining both the income of my parents,salary is 12 lakhs .At present both my parents are Class B.We have an agricultural land from which income is 75000/.(seventy five thousand only)
Under such circumstances I want to know if I fall under creamy or non creamy layer of OBC?
Sir,please provide proper explainations regarding my status as creamy or non creamy ,because I need to convince the Tehsil people if I need an OBC certficate.
Asked 8 years ago in Constitutional Law

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4 Answers

1) 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 father at age of 40 was 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
98239 Answers
7985 Consultations

If parents, either of whom is a direct Class II officer or parents, either of whom is a direct Class II officer & another is a Class III employee or parents, both of whom are Class III employees the candidate shall not be treated as creamy layer & will be eligible for OBC reservation irrespective of any salary income.

You can inform the Revenue department that though your father is a direct class B employee, since your mother is not a direct class B employee, you are eligible for the certificate.

T Kalaiselvan
Advocate, Vellore
88442 Answers
2395 Consultations

Gross annual income of 6 Lakh INR or above for three consecutive years fall into the creamy layer. They are not eligible to avail the benefits of reservation entitled to other OBC categories. They are treated like general category candidates.

Deepak Tiwari
Advocate, New Delhi
91 Answers
14 Consultations

Sir,please provide proper explanations regarding my status as creamy or non creamy

you come under the creamy layer status.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

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