• Regarding non-creamy layer eligibility for OBC

Dear Sir/ Madam,

My name is Shahina Shahul from KeraIa, please find the below details;

I am coming Under OBC
My father is working under Central Government Grade B
My mother is not working
salary of my father (basic+allowance) is around 140k/ Annual

Based on the aforesaid details, kindly advise whether i will comes under Non Creamy Layer or not. our Thahasilder and village officer said that i will not come under Non creamy layer. but from the internet i came to know that i am eligible since my father comes under Grade B although salary is more.

Also please send me the Supporting document (attachment of the law) if i am eligible to get the non creamy layer certificate.

This certificate is for applying for SET and NET Examination

Please revert me for any further information's regarding this.

reach me @ [deleted] (whatzapp) UAE

Thanks and Regards.
Asked 8 years ago in Constitutional Law

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4 Answers

you would be entitled to OBC NL certifcate

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.

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. 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
99755 Answers
8143 Consultations

the said notification is available on the internet . you can do google search

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

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. 6 lakhs for any one of the three years you are a non-creamy layer.

Income from salary and agricultural land shall not be clubbed in annual income.

For determining creamy layer:

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.

THE GOI DEPT. OF PER. & TRG. O.M.NO.36012/22/93-Estt.

(SCT)DATED [deleted] AS AMENDED FROM TIME TO TIME

SUPPLEMENTING THE NCBC REPORT DATED [deleted].

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

could you please send me the Central creamy layer criterion II & III dated 08.09.1993 notification or any thing or advise me from where i can find this law. so that i can took it to our Thahasildar to prove that i am eligible.

DoPT issued Office Memorandum dated [deleted] providing

27% reservation to OBCs and excluded the category of persons

mentioned in Column 3 of the Schedule to the said Memorandum. 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. In so far

as employees working in Public Sector Undertakings, Banks, Insurance

Organizations, Universities, etc., are concerned, the terms for Officers

holding equivalent or comparable posts and also posts and positions

under the private employment as equivalent to that of the criteria

enumerated in the Service Category II A & B of Group A/Class I and

Group B/Class II Officers are required to be applied mutatis mutandis

to these Officers also. But, pending evaluation of equivalent or

comparable posts, their salaries income and agricultural income should

not to be clubbed for the purpose of Rule of Exclusion based on

income/wealth test. The salaries of the employees below the Category 4

II A & B of Group A/Class I and Group B/Class II officers were never

intended to be taken into account when computing the total income for

the Income/Wealth test under Category VI.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

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