• Regarding OBC creamy layer - urgent

Sir/Madam I am from OBC category.I am not clear whether I will come under Creamy layer or Non Creamy Layer.My parental status is as follows. 
(1) My father "RETIRED" from State Bank of India as a Manager(Scale III) on 31 August,2017.His annual salary income exceeded Rs 8 lacs for last 3 years. He joined State Bank of India as a Clerk and was promoted to JMGS-1 at the age of 47 years. 
(2) My mother is a house wife. 
(3) My parents don't pay any wealth tax. 
(4) Our farmland is unirrigated. 
(5) My parents' income from "Other Sources" as referred to in DoPT O.Ms for OBC reservation is "NIL" for last 3 years. 
So I will come under Creamy Layer or Non creamy layer.
Sir/Madam I have to apply for an exam before 15th of this month. Please clarify my status whether I will come under Creamy layer or Non Creamy layer on the date you answer to my query. I shall be ever grateful to you for this.
Asked 6 years ago in Labour

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10 Answers

you would fall under OBC CL as your father income was exceeding Rs 8 lakhs in last 3 years

wealth test is to be applied in case of employees in public sector undertakings, pending evaluation of the posts on equivalent or comparative basis with the officers / employees falling in II (A) and (B).

3)s per income / wealth test, sons and daughters of persons having gross annual income of 8lakhs or above or possessing wealth above the exemption limit as prescribed in the wealth tax act for a period of three consecutive years fall within "creamy layer".

Ajay Sethi
Advocate, Mumbai
94715 Answers
7530 Consultations

5.0 on 5.0

you would not be entitled to OBC NL certificate as your father income exceeds 8 lakhs

Ajay Sethi
Advocate, Mumbai
94715 Answers
7530 Consultations

5.0 on 5.0

Hi

You will come under creamy layer despite the fact that your father has retired.

We hereby enclose Office memorandum for your perusal (http://www.ncbc.nic.in/Writereaddata/dopteng.pdf)

In point 6, it is clarified that you will come under creamy layer despite the fact that your father has retired from service.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Since your father became an officer after 40years of age,you will be covered under OBC NCL category.

His salary income may not be a criteria for this.

T Kalaiselvan
Advocate, Vellore
84915 Answers
2195 Consultations

5.0 on 5.0

He is a retired person, but the rule is common in this regard

T Kalaiselvan
Advocate, Vellore
84915 Answers
2195 Consultations

5.0 on 5.0

PSUs, all Executive level posts i.e. Board level executives and as per decision taken by cabinet on 30 th august 2017 managerial level posts would be treated as equivalent to group 'A' posts in Government and will be considered Creamy Layer. Junior Management Grade Scale–1 and above of Public Sector Banks, Financial Institutions and Public Sector Insurance Corporations will be treated as equivalent to Group 'A' in the Government of India and considered as Creamy Layer. For Clerks and Peons in PSBs, FIs and PSICs, the Income Test as revised from time to time will be applicable. These are the broad guidelines and each individual Bank, PSU, Insurance Company would place the matter before their respective board to identify individual posts.

Ajay Sethi
Advocate, Mumbai
94715 Answers
7530 Consultations

5.0 on 5.0

If you have come across the new rules or notification, you will find its effective date of implementation too.

If there is no mention about the effective date then it is always considered as prospective effect only.

T Kalaiselvan
Advocate, Vellore
84915 Answers
2195 Consultations

5.0 on 5.0

decision of HC would not have considered decision of cabinet on 30 th august 2017 wherein managerial level posts are considered equivalent to group A in govt of India

2) your father was promoted to manager at age of 47

3) hence his income would not be considered but only his status to determine your creamy layer status

4) you are eligible for NL certificate

Ajay Sethi
Advocate, Mumbai
94715 Answers
7530 Consultations

5.0 on 5.0

If you thin that there is a judgement which is related to your case also then you will also fall with the OBC-NCL, I have not read the judgement and you have also presented limited facts therefore I would advise you to kindly go through the judgment and see the facts of the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

In my opinion, you may be covered under the given judgment.

You can apply for it and await the reply of the concerned authority for further course of action if required.

T Kalaiselvan
Advocate, Vellore
84915 Answers
2195 Consultations

5.0 on 5.0

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