Rspected sirs, i am a kerala government servant at present as a class 3 employee. i was appointed on the basis of dying-in-harness or compassionate employement due to the death of my father who served as a class 3 kerala government employee during the time of his death. i draw a monthly salary of 24,000 rupees my mother is a government-aided school teacher who draws a salary of 52000 rupees every month. but she is a semi-government employee. i live with my mother and sister who is a minor. we also draw our family pension from kerala government treasury amounting to 18,000 per month. i am about to complete my bcom graduation and am planning to attend jawaharlal nehru university for my masters the application procedure asks if i belong to obc non creamy layer to avail fee reductions for the qualifying exam. i am confused as the central government annual income limit is at 8 lakh rupees and the state government limit for non creamy layer is 6 lakh rupees. furthermore i read in kaanoon.com itself that for government employees stature is only considered and not income from government service. is the above mentioned criteria only meant for central government employees or is it also applicable for kerala state employees like me and my mother. please help me clear the doubt regarding the same. thank you
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1. all the salaries mentioned above are gross value without reductions 2. i belong to the caste - 'ezhuthachan' (no.16 , kerala state , central list of other backward castes) 3. in case i get admissions at jnu, i will have to take long leave from government service. i am currently in the 2 year probationary period for village extension officer grade II. so i would also like to know that if there will be any issues with my government service if i take loss-of-pay (salary-less) long leave without completing my probationary period. hoping to get a quick response thank you
for government servants only status is considered and not income
2)it would also be applicable to state govt employees
3)For Central or State Government officers- If
(i) parents, either of whom is a direct Class I officer or
(ii) parents, both of whom are direct Class II officers or
(iii) parents of whom only the father is a direct Class II officer and he gets into Class I at the age of 40 or earlier
then only children would be considered as creamy layer
you can make application for extraordinary leave for study purposes
it is for govt to consider and sanction your leave application
during probation period it is doubtful that you would be granted EL for period of 2 years
THANK YOU SIR THIS WAS REALLY HELPFULL I CONSULTED ONE OF MY SENIORS IN SERVICE ABOUT BEING GRANTED A LONG LEAVE FOR 2 YEARS AS PER HIS KNOWLEDGE, I WOULD BE GRANTED LEAVE UP TO 5 YEARS BUT NOT FOR EDUCATIONAL PURPOSES PLEASE CONFIRM IF THIS IS TRUE OR IF WHAT YOU TOLD ME ABOUT EXTRA ORDINARY LEAVE DURING PROBATION SECONDLY, WHO IS THE COMPETENT AUTHORITY IN MY STATE TO ISSUE THE NON CREAMY LAYER CERTIFICATE THAT CAN BE SUBMITTED EVEN TO CENTRAL UNIVERSITIES. PLEASE PROVIDE THE LINK TO GOVERNMENTS WEBSITES WHERE I CAN MAKE AN ONLINE APPLICAION THANK YOU
It is necessary to peruse rules framed by state govt for grant of leave to probationers in your state
You can apply to tehsildar for issue of OBC NL certificate
You are entitled to get benefit of OBC reservation because according to the government order of the central government income of salaried employee either government or private shall not be taken into consideration for the purpose of determination of creamy layer. They are for your salary and salary of your mother shall not be taken into consideration for determination of annual income. If you have other sources like income from agricultural land then it shall be taken into consideration. In the case of PK Ramana versus Union of India it is held by the Supreme Court that salary income shall not be taken into consideration for deciding creamy layer.If the parent of the OBC got service in class 1 category or promoted in class 1 category then we shall not be in Tattad for taking benefit of reservation under OBC category. In your case you are working class 3 post and also your mother is not class 1 officer therefore you are entitled to get benefit of reservation.
The income and employment status is the criteria to grant the OBC NCl certificate.
This is common for both state and central government eligibility criteria.
Since your mother is a government employee her salary income will not be taken into account for deciding the status.
Your employment and leave shall be governed by the state government rules and regulations.
You can clarify the eligibility from your office administration.
Your NCl certificate is issued on the basis of your community and not to your employment status.
You can refer to the leave rules and regulations for eligibility for EOL during probation period for study purpose.
The revenue department/Tahsildar shall be the competent authority to grant NCL certificate.