• Whether creamy layer or non-creamy layer

Both my parents are government employees. My father joined state service as a LD clerk in 1985 and became a gazetted Officer during 2009. My mother is a central govt. employee, she also joined service as LDC during 1994 and still a Class B Officer. When combined their income come above Rs. 8 eight lakhs. In which category will I come-Creamy layer ornon creamy layer
Asked 8 years ago in Labour

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11 Answers

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

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Income from salary is not taken into account for determining OBC NL

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If any of parent is a class A or B officer you will come under creamy layer category ....

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

In this scenario you do not come under creamy layer. According to GO of Central Government a person is treated as creamy layer if his father is a class 1 officer or promoted at the post of class one officer before the age of 40 years. In your case your father was appointed as class 3 officer and not promoted as class 1 before the age of 40 years .Your mother is class B officer therefore you will not be treated  creamy layer. 

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Since both your parents are in government service, they are salaried class and hence, their income is not the criteria for determining your creamy later status. For govt servants, their status is the criteria for determining NCL status of their children.

Thus, if neither your father nor your mother is a class I employee; also, both of them are not direct recruits in class II, you will be entitled to obtain a NCL OBC Certificate.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You are come under creamy layer as per the rules.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

Income from salary is not taken into consideration at the time of adjudging the OBC NCL status

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

As your father at the age of 40 was not a group A employee therefore you will fall under the category of OBC NCL as per the GO dated 08.09.1993

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Client,

Think u will be in non Creamy,

Check below n find whether u comes in under any head n if not than ur under NON creamy.

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.

(iv) In military, colonel and above.

“Other than the above 4, all the government servants are non creamy-layer.”

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If your father had become a gazetted officer after the age of 40 years and similarly your mother also after the age of 40 years, then you will come under OBC NCL category and eligible for the concessions thereon.

The salary income will not be taken for computing the annual income of the family.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

For government employees(if both parents are government employees) whether income from salary is taken for deciding creamy layer criteria

The salary income of the parents are not taken into account for computing annual income of the family for this purpose.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

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