• OBC creamy layer

Dear Sir,
I am a central govt. employee joined as Group-C as Scientific Assistant "A" in [deleted]-EB-60-2600 scale in 1987 and raised to the scale of [deleted] in 2017 (7th pay commission scale) and working as Scientist"SF". Now want to know I can claim OBC NCL status to my younger daughter? Kindly give your reply sir.
Asked 8 years ago in Labour

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15 Answers

No

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

) 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) your daughter would be entitled to benefit of OBC NL as you were recruited as class 3 officer

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

what is ur age and annual income.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If you promoted to class 1 officer before the age of 40 years then your daughter cannot claim reservation under OBC category. According to the government order if a government servant belongs to OBC category is promoted at the post of class 1 before the age of 40 years then his children will come under the creamy layer. If you promoted at this post after the age of 40 years then your children are entitled for reservation under OBC category.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

As you were recruited as class III officer your daughter is eligible for OBC NCL benefit, as per the Central creamy layer criterion II & III dated 08.09.1993.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No, your daughter cannot claim the status of NCL.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

Is the post on which you working a class I/grade A post?

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Is your wife also a government servant?

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1) Were you promoted as group A before age of 40 ?

2) If so then your daughter would fall under creamy layer

3) if you were promoted after 40 years then your daughter would fall under OBC NL

4) for govt servants service status determines creamy layer and not income

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

u reached group A before 40 years of age, Its creamy layer.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

To the best of my understanding, since you were promoted to grade-A, before you attained the age of forty, yor children are not entitled to claim NCL status. However, just to cross check, please seek a clarification from:

Under Secretary (Reservation),

Department of Personnel & Training,

Ministry of Personnel, Public Grievance & Pensions,

North Block,

New Delhi-110001.

Tel: [deleted]

Website : persmin.gov.in/dopt

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If you were promoted as group A before age of 40, then your daughter would fall under creamy layer

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

I'm quoting from the 14th Oct. 2004 clarification issued by the Central Government:

"It is clarified that the sons and daughters of parents of whom only the husband is a directly recruited Class II/Group B officer who gets into Class I/Group A at the age of 40 or earlier are treated to be in creamy layer. If the father is directly recruited Class III/Group C or Class IV/Group D employee and he gets into Class I/Group A at the age of 40 or earlier, his sons and daughters shall not be treated to be falling in creamy layer."

In accordance with the above, your daughter shall not be treated to be falling in the creamy lawyer.

Ignore the advice given by me previously.

You may view the clarification issued here:

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36033_5_2004-Estt.SCT-14102004.pdf

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

The eligibility condition in your case is that you should not have become a class I or Class A officer of the government department at or before the age of 40 years and your caste should fall in the OBC category.

You ascertain your position and initiate steps accordingly.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

very contradictory answers.

I joined in group-C service of central govt. in 1987 and reached group-A grade in 1998 though promotions. Present post I am working is a group-A cadre as per pay scale. My present age is 51 years and annual income is 21 Lakhs. My wife works as group-c employee since 1999 in state govt. Her annual income is 7 Lakhs and age 48 years.

You will certainly get contradictory answers if you dont furnish the proper details while posting your query for an opinion.

Even now you have not mentioned as to if you have been promoted to Class I or class A post at or before the age of 40 years, because if you have been promoted to that post after the age of 40 years, then your daughter is very much entitled for OBC NCL concessions..

Salary income is not the criteria to decide about this status.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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