• Will i fall under obc ncl?

My mother is a state govt class 2 employee and my father was class 1 employee. But my father expired five years ago. The total income of my mother and my father pension (which we get because of his death) is above 8lpa. Will I fall under OBC nlc?
Asked 8 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

12 Answers

Hi

As per my opinion you are not eligible for NCL as last hiked limit of income for NCL was 6 lakhs PA.

Trying confirming the actual present facts with local authorities of your locality.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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) since your father was class 1 officer you would fall under creamy layer if your father was direct recruit or became class 1 officer at 40 years of age or earlier

Ajay Sethi
Advocate, Mumbai
100032 Answers
8167 Consultations

You would be still considered as creamy layer

It would also apply to state govt employees

Ajay Sethi
Advocate, Mumbai
100032 Answers
8167 Consultations

Hi, if the income from your mother employment and fathers pension is above 6 lakhs then you will be considerd in a creamy layer..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. No, since the total income of your family is more than the limit of Rs. 8 lakhs, you fall under creamy layer category of OBC.

2. ou can not claim to be OBC NCL for the above reason.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

1. Your family income is considered to decide about your OBC creamy layer category, not your father's year of death.

2. The said classification is applicable for Maharashtra State govt employees also.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

If you mother is direct recruit in class II scale, you will not fall in the non creamy layer.

Likewise, if your father was directly recruited in class II but was promoted to class I at the age of 40 or at anytime prior to that, you'll not fall in the non creamy layer.

Vibhanshu Srivastava
Advocate, Lucknow
9769 Answers
323 Consultations

1) my father expired 5 years ago will I still be considered in creamy layer?

Central creamy layer criterion II & III dated 08.09.1993, you will be considered as creamy layer.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

2)does this law(i.e. class3 and below are in non creamy layer) applicable to Maharashtra State govt employees also?

Yes the same formula will apply to the State government employee also.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes you are not covered under non-creamy layer.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

The salary income is not taken into consideration for calculating the annual income of the family hence even if it crosses Rs. 8 lakhs, there is no problem to issue NCL certificate to you if other requirements are complied with.

T Kalaiselvan
Advocate, Vellore
90235 Answers
2508 Consultations

. If your father is no more and only your mother is available and she is employed as class B employee then you are eligible for NCL concessions.

T Kalaiselvan
Advocate, Vellore
90235 Answers
2508 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer