) 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 your son / daughter would fall under OBC CL as at age of 40 you were 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

NATIONAL COMMISSION FOR BACKWARD CLASSES

NEW DELHI

SUPPLEMENTARY REPORT

ON

THE REVIEW CRITERION FOR DETERMINING THE CREAMY LAYER

AND

PROPOSAL TO FURTHER AMEND THE SCHEDULE (APPENDIX I)

TO 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].

para 7 In so far as Group B/Class II Officers are concerned, if one of the

parents of the children while working as Group B/Class II Officer gets

into Group A/Class I Officer at the age of 40 or earlier, then also the

children are not entitled to the benefit of reservation. But in case the

Group B/Class II Officer gets into Group A/Class I Officer after the age

of 40 years, the children are entitled to get the reservation.

2) since you were recruited as C class employee and got into group A at age of 40 or earlier your children would fall under N CL

In regard to clause (v) of para 4, it is clarified that the sons and daughters of parents of whom only the husband is a directly recruited Class II/Group B officer who gets into Class I/Group A at the age of 40 or earlier are treated to be in creamy layer. If the father is directly recruited Class III/Group C or Class IV/Group D employee and he gets into Class I/Group A at the age of 40 orearlier, his sons and daughters shall not be treated to be falling in creamy layer.

2) you are correct if father was recruited as class C officer and gets into class I at age of 40 or earlier his sons and daughters would not be treated as falling in CL

I heard that If any one appointed as class III then his son/daughter will be in non creamy layer even he is promoted in class A at the age of 38.

8. My Question is that my son / daughter is eligible for OBC NON CREAMY LAYER certificate OR NOT

9.IF yes provide any order of DEPARTMENT OF PERSONNEL OR NATIONAL OBC COMMISSION

If the father is a direct Class II/III officer and he gets into Class I at the age of 40 or earlier, then then the children are creamy layer.

The above ruing is common for state as well as central government employees.

As per ministery of personnel govt of india order dated 14 Oct 2004 regarding creamy layer

At point no 7 it is clearly mentioned

1. If class's B emloyee get promoted in class A before 40 then he is NO

2. If class C/D emloyee get prompted in class a before 40 he is MCI

If you are confident that this is the only provision which makes you eligible then you may apply for it, but in my opinion, if a government employee is becoming class I employee within his 40 years of age, then he may not come under NCL.

You may clarify from the local revenue department about this./

his question answered at point 7

1. If a class B emloyee get in class A before 40 then he children is NC

2. If a class C/D emloyee get in class A before 40 his children are NCL

As per this order 40 year rule is differ for class B and class C

Study this order and then answer

From where did you find this interpretation?

If you are confident about this law, which appears to be favorable to your situation, you may apply for the same on the same basis, if necessary you may quote his order in your application