• Regarding OBC-NCL

My mother was a class second central govt employee she is retired now and my father was a class 3 central govt employee he is also retired. Pension of both of them constitutes around 6 lacs P.A.and it is around 2 years the salary is below 6 lacs before that it was above 8 lacs.
Am I eligible to go for OBC-NCL or not.
As it was stated in ncbc file that income from salary and agriculture sources is not be looked upon.
Please help
Asked 8 years ago in Civil Law

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4 Answers

You are entitled to OBC NL certificate

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.

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
99836 Answers
8148 Consultations

Your parents salary is immaterial

The creamy layer for govt servants is determined by their status and not income

Admittedly your mother was class 2 officer and father class 3 .

Hence you would fall under OBC NL

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

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.

Since your mother is not a direct class II employee you are eligible for OBC NCL

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

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

As I saw in supplementary creamy layer report by ncbc that "the salaries of the employees blow the category II A and B of group A/class 1 and group B/class 2 officers were never intended to be taken into account when computing the total income for the income/wealth test under category VI"

Along with " it means that if income from other sources other than the salary and Agriculture exceed the income limit then only the candidate shall be treated as creamy layer"

2) Important creamy layer Clarifications by Government of India Ministry of Personnel (O.M. dated 14.10.2004)-

(i) To determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs.4.5 lakh per annum, income from agricultural land is more than Rs.4.5 lakh per annum, but income from other sources (business) is less than Rs.4.5 lakh per annum, the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth Test.

(ii) The creamy layer status of a candidate is determined on the basis of the status of his parents (Father-mother) and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

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