Hello sir , since your family income exceeds 6 lacs per annum , you will be considerd under cremy layer
Do I belong to creamy or non-creamy?
W.r.t to recent changes in OBC income limit 8L and equivalence of post in PSU. i wanted to know whether I belong to OBC creamy or non-creamy. My dad is retired scale I, worked in Indian Overseas Bank. He was directly recruited as clerk and promoted to Scale 1 after 40 years. My mom is a state government employee, school BT assistant (Grade B employee, direct recruited as Grade B). My dad's income last three years: 7L, 9.1L, 5.6L Mom's income last three years:btw 5.5-6L If PSU employees comes under income test and Grade B employees are excluded from income test. Do I come under OBC reservation? Please clarify.
Asked 8 years ago in Labour
12 Answers
Your father was recruited as class 3 officer and promoted to class 1,after 40 years
Hence you would not fall under creamy layer
Income of your parents has nothing to do in the determination of your NCL status.
Since:
(i) neither you mom or dad was directly recruited in class I; and
(ii) both of them were not directly recruited in class II; and
(iii) neither your father was directly recruited in class II, nor he got promoted into Class I at the age of 40 or earlier, you will fall in the non-creamy layer.
You can claim OBC reservation.
You are come under non-creamy layer.
You would not fall under the head of creamy layer since your father was promoted to class 1 officer after 40 years.
And as such you can claim the benefit of OBC reservation.
Regards
Dear Advocates, Thanks all for your completely insightful replies. I'll be further grateful, if you can clarify me on these below cases and temme still am I eligible for OBC reservation? 1.Recently around 20 candidates who were selected in UPSC, were detained citing reason that PSU doesn't come under equivalence of posts, so such candidates can only assesed by income test (source:http://www.thehindu.com/news/national/They-cleared-UPSC-but-face-disqualification/article14399425.ece). and this whole government salary exception funda, only works for proper government employees, many times not accepted during allotments during PSU cases. In my case my dad is a banker, if they do it same for me, am I eligible thru income test? please review my dad's income above. 2. If I eligible by income assessment of dad annual income, my mom is a grade B employee (direct recruit), so can I get an exception for not assessing my mom's salary, and only calculate dad's salary alone. 3. Also please shed light on recent news of government bringing equivalence of post in PSU's (source: https://www.google.co.in/search?client=firefox-b&dcr=0&biw=1366&bih=635&ei=A7AmWof9H4OEvQSwzKaIDw&q=equivalence+of+post+in+PSUs+&oq=equivalence+of+post+in+PSUs+&gs_l=psy-ab.3..33i22i29i30k1.4409.4409.0.4772.1.1.0.0.0.0.189.189.0j1.1.0....0...1c.1.64.psy-ab..0.1.188....0.TveaElyQqGw) Thanks for your precious time.
Asked 8 years ago
Income test is applicable when there is no equivalence of posts vis a vis government grades as that of govt, psu employees..
2) your case if equivalence of posts are not established parents income for last 3 years would be considered . since income is above 8 lakhs you would fall under creamy layer
Para 9 of this Circular prescribes the mode of calculating the gross annual income of Rs. 2.50 lacs. This para was clarification in answer to query contained in Clause (ix) of para 4. This query was - 'How will be the Income/Wealth Test apply in case of Sons and daughters of parent(s) employed in PSUs etc in which equivalence or comparability of posts has not been established vis-a-vis posts in the Government'?. The answer given to this query in para 9 is as follows:
9. In regard to Clause (ix) of para 4, it is clarified that the creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-a-vis posts in Government has not been evaluated is determined as follows:
4) Income of the parents from the salaries and from the other Sources (other than salaries and agricultural and) is determined separately. If either the income of the parents from the salaries or the income of the parents from other sources (other than salaries and agricultural land) exceeds the limit of Rs. 2.5 lakh per annum for a period of three consecutive years, the sons and daughters of such persons shall be treated to fall in creamy layer. But the sons and daughters of parents whose income from other sources is also less than Rs. 2.5 lakh per annum and income from other sources is also less than Rs. 2.5 lakh per annum will not be treated as falling in creamy layer even if sum of the income from salaries and the income from the other sources is more than Rs. 2.5 lakh per annum for period of three consecutive years. It may be noted that income from agricultural land is not taken into account while applying the Test.
Instead of 2.5 lakhs if income of last 3 years is above 8 lakhs of parents you would fall under creamy layer
Respected Ajay Sethi sir, In my case, only for dad (PSU's) there is trouble determining equivalence of posts. My mom is a proper government employee and equivalence of posts has been established there, and widely approved. In such case, will they do income test on my dad's income alone, and determine post criteria for my mom. since my mom is a grade-b employee? Thanks
Asked 8 years ago
The Union Cabinet has given its approval to the norms for establishing equivalence of posts in Government and posts in PSUs, PSBs etc. for claiming benefit of OBC reservations. This addresses an issue pending for nearly 24 years. This will ensure that the children of those serving in lower categories in PSUs and other institutions can get the benefit of OBC reservations, on par with children of people serving in lower categories in Government. This will also prevent children of those in senior positions in such institutions, who, owing to absence of equivalence of posts, may have been treated as non Creamy Layer by virtue of wrong interpretation of income standards from cornering government posts reserved for OBCs and denying the genuine non creamy layer candidates a level playing field.
2) The matter of formulating equivalence has since been examined in detail. In PSUs, all Executive level posts i.e. Board level executives and 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.
3) if your father falls under group A on equivalence of post being established and he became class 1 before 40 years then you would fall under creamy layer
The PSU employees are also considered to be government employees for the sake of granting OBC NCL certificate
Therefore the income criteria do not include the salary income for computing annual income limit of Rs. 8 lakhs.
If you are otherwise eligible, you may apply for the same and on refusal by authority you may make a representation ton the district collector in this regard and get desired relief.
1. The information what you have heard may not be applicable to your situation hence until it is confirmed that how relevant the information is, you cannot go by such rumors.
2. You are calculating too much without any base.
3. The information what you are trying to share is not found hence come out with proper details instead of quoting some fake site details.
The equivalent post of a bank employee with that of the government employee need not be proved, if he is a class I officer then that will be sufficient to establish the eligibility criteria.
You may go through the rules for eligibility properly and then raise this query once again if you still have any doubt in it.