• Non creamy layer certificate

I am working in utility undertaken by government of Maharashtra having annual income of 1117778 for the year 2016-17.My father is retired person..My post is additional Executive Engineer. My father is leaving separate . I am not included in fathers ration card. My questions are
1) Am I eligible to get non creamy layer certificate.
2) Whose income is considered for non creamy layer certificate.
3) Whether government servants salary is considered for non creamy layer certificate.

shekhar
Asked 6 years ago in Civil Law

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7 Answers

Are you a public servant with the Maharashtra Government? Or you are employed with a private vendor who is rendering services to the Maharashtra Government? From what post your father retired and what was the grade/class of that post?

1. Please answer the above queries to enable me to answer your question-1.

2. For OBC non creamy layer status of the son, income/class in govt. service of his father is taken into consideration.

3. No. For government servants, their status/standing in the said service is the criteria for determining the non creamy layer of their children.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You will have to tell in detail your background, ie., are you a government servant, from what post (grade/ class) your father retired?

The above information will help in giving answer to your first query.

To adjudge the OBC NCL status, the grade of your father/mother service will be taken into consideration and not yours.

Not the salary but the status is the criteria to adjudge the status.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Non creamy layer certificate is very important certificate for all that entire person who belongs to "other backward classes”. This certificate is an essential document that shows the caste of the person. Under the act of constitution, the right of equality has given to all the other backward communities’ people. The Government give equal opportunities in every field to other backward communities people same as the general category communities. With the help of caste certificate, a person who belongs to reserved category can get the reservation facilities provided by the government of India .This certificate providing the backward classes equal opportunities for education and services without discrimination. In every state of India, the government issued the non-creamy layer certificate to all those other backward classes (OBC) candidates whose annual income is below Rs 4.5 lakhs per annum. Non creamy layer certificate provide to those entire person who are poor among the OBC categories. If you are an OBC candidate and your salary is more than Rs 4.5 lakhs per annum, so you are under in creamy layer OBC candidate, in that case you may not get the benefits like creamy layer OBC candidates. OBC candidate can get the non creamy layer certificate from any revenue department of the district or backward classes welfare department.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1) 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) 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 8 lakhs are still eligible for the OBC non creamy layer certificates

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

I think government increases annual income 800000 per annum for creamy layer. And your income is above this criteria so you can not eligible for non creamy layer certificate. The income is considered only family member as like you or your fathers income.

Sukhendra Kumar Pandey
Advocate, Satna
31 Answers

4.5 on 5.0

1) No you are not eligible for NCL certificate.

2) Reservation is based on status of your parent not on income. Income is just a factor to quantify status. And your (candidate’s) own Income does not matter at all.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

1) No, you are not eligible for this certificate.

2) In case of students, their parents(Head Of Family) income is considers for non creamy layer certificate.

In other cases individual income & income certificate(Utpanna Dakhla) is considered at the time of granting non

creamy layer certificate.

3) Yes, Govt. servants salary is also considered at the time of granting non creamy layer certificate. But this does not

means that certificate will be granted to him.

Now a days, colour of your Ration card speaks primarily about your income status, which helps Revenue Authority to decide your competency to get non creamy layer certificate.

Rohit Diliprao Patil
Advocate, Nashik
2 Answers
1 Consultation

4.0 on 5.0

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