• Non-creamy layer certificate eligibility

Dear Sir, 
My dad is a lecturer in a Junior College which is a branch of Maratha Vidya Prasarak Samaj, Nashik which apparently is funded by Maharashtra goverment. He is neither a direct Class I recruit, nor did he get into Class I at the age of 40 or earlier. His income is more than 6 lakh. Will this college be under PSU or government? He says it is semi-government institution. What I am confused about is, whether he will be considered a government employee or a PSU employee or something else. i.e. Will I be eligibe to get a non creamy layer certificate?
Also, I read the gross annual income bracket of 6 lakh is income excluding from salaries & agricultural land. Are there any limitations to this?
Asked 8 years ago in Labour

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6 Answers

Your father is not govt employee or psu employee

Samaj is registered under Bombay public trust act and one of the most prestigious centers of learning in the State of Maharashtra

If your father income is more than Rs 6 lakhs you would not get OBC NL certificate

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

gross annual income of Rs. 6 lakhs per year or above for a period of last three consecutive years excludes income from salaries & agricultural land

For pension persons creamy layer is determined on basis of service status and not income status

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If it is a government aided institution then he may be considered as government employee hence he would be eligible for the concessions and privileges as a government employee in this regard.

For non-creamy layer the incomes other than salary income and income from agricultural are taken into account for that 6 lakhs limit.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1.Is the gross annual income bracket of 6 lakh, excluding income from salaries & agricultural land.

Yes, you are right in your understanding.

2.Will the bonus and other monetary benifits my dad will recieve right after retirement (I'm not talking about the regular pension he'll recieve) be included in the 6 lakh income? And what about pension?

Regular pension is also a kind of salary income for this purpose.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can File appeal against order rejecting your application for non creamy layer certificate if you so desire

 

your father salary income would be considered as he was working for private sector in determining  creamy layer status 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Your father's alary income status before retirement shall be taken into consideration for computing annual income of the family for assessing the non creamy layer status.

The agricultural income shall not be included for calculating the annual income.

Further the pension income cannot be claimed by you as income  because the status of salary income at the time retirement shall be taken into consideration.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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