• Unfair denial of non-creamy layer certificate by SDM

My father was in Air Force as Master Warrant Officer and expired in Feb 99. My mother is drawing family pension Rs 46000/- pm. I retired from Army as Lt Col and drawing a pension basic 21250/- total after tax 69000/-. The SDM office of Kamalpur Tripura has been shown the DoPT circular of 2004 saying clearly, that the status of parent and not income is criteria for Govt. servants. Even in the income criteria where applicable, the income of parent alone is to be considered. He refuses to issue NCL certificate. What is the remedy?
Asked 8 years ago in Constitutional Law

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3 Answers

File a writ petition in the High Court challenging the unfairness on part of the SDM in denying you non-creamy layer certificate. Plead specifically that it is the status of the parent and not the income that has to be taken into consideration for issuing the said certificate in accordance with the Dopt Circular.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1) it is true that for govt servants status of parent is considered and not income

2)file writ petition in HC against refusal of SDM for issue of NCL certificate

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

You being a Lt.Col retired from Army will not not be eligible for NCL - OBC certificate.

The creamy layer is a term used in Indian politics to refer to the relatively wealthier and better educated members of the OBCs who are not eligible for government sponsored educational and professional benefit programs. So basically, the creamy layer bars the affluent among OBCs from reservation benefit on the basis of family income. The layer ensures that the benefits reach the deserving people, who need them, rather than the ones who are financially and socially well off.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

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