• Regarding OBC non-creamy status

My father retired from State bank of Hyderabad in April 2017. At the time of his retirement, he was in a scale 3 managerial position. 

At the time of his retirement, there was no equivalence established between Public Sector Banks' posts and government posts and thus, for non-creamy status, only Income/wealth test would have been applicable. 

At the time of his retirement, the income limit for income test was 6 lakh rupees. So, I would have come under Creamy Layer by the income test.

In December 2017, Ministry of Finance released the following notice. 
http://financialservices.gov.in/sites/default/files/No.1942017-Welfare.pdf

By this notice, an equivalence is now established between PSUs and government posts and income limit for the income test is raised from 6 lakh per annum to 8 lakh per annum. 

Now, I have doubts regarding the applicability of this notice to my case, as in one of the three preceding financial years, my fathers income is less than the stipulated limit of 8 lakh per annum. 

Will I now, thus, come under OBC non-creamy layer?

Or do I come under creamy layer because at the time of his retirement, I came under the creamy layer under the then income limit of 6 lakh per annum because of the lack of established equivalence between PSU posts and government posts. 

Do the now established equivalence apply to him? If he were not retired, according to the equivalence established, he would be a Group A equivalent post and thus, I would come under creamy layer. But, he is now retired. 

In the following link, NCBC has clarified few doubts regarding creamy status.
http://www.ncbc.nic.in/Writereaddata/dopteng.pdf

The question is clause (iv) of para 4 was answered in para 6. It says that sons/daughters of people who were put under creamy layer by the virtue of their post will continue to be treated so even after the parent's retirement.

I was not in creamy layer by father's post but by the income test as post equivalence was not established then. Now, the same income test's income limit puts in non-creamy layer as in one of the past 3 financial years, my father's income is less than 8 lakh per annum. Am I right in my assessment? Or, by his post, and because of the equivalence NOW established, after his retirement, will I still be considered to be in creamy layer?

I am now applying for UPSC and last year they disqualified more than 100 candidates on this very issue of creamy and non-creamy status of candidates whose parents work in PSUs. 
How should I confirm this from government also, so that my candidature for the examination will not be in any threat because of ambiguity?
Asked 4 years ago in Civil Law

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9 Answers

Hello,

In my advise you will be covered under the creamy layer because of the equivalence.

Still you may send a RTI to the government to confirm the same also you can call the helpline number of the concerned ministry to clarify the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

as your father retired under scale 3 category you would fall under OBC NL

2) your father income would not be considered

3) rely upon recent clarification issued by govt regarding creamy layer status for PSU employees

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Hi, you can file a RTI and obtain the necessary information .. As per information obtained , if the disqualification was illegal you can approach high court and file a writ for relief

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear Client

Under these heads status is judge by post which is permanent. So, no change of status if father retired under these heads and income decreases.

V.V.I.Ps.- President, Vice-President, Judges of the Supreme Court and of the High Courts etc.

(II) Government or PSU employees of Central or State-

(i) parents, either of whom is a Class I officer (direct recruits)

(ii) parents, both of whom are Class II officers (direct recruits)

(iii) parents of whom only the father is a direct Class II officer and he gets into Class I at the age of 40 or earlier.

And status by income may be vary from year to year, may not be permanent.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Since the income limit is less then Rs. 8 lakhs at least in one year during the preceding three years, you may become eligible for NCL category.

It is important to note that if he had become class I or Group A officer at the age or 40 years or before that even if equivalence is to be considered.

You obtain the NCL certificate and apply for UPSC because the latest OM in this regard by the government of India is very clear about the equivalence posts in PSUs and PSBs therefore the same rule of 40 years of age may be applicable or at least we can interpret the same in this manner if at all there is a dispute in this regard.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1) The Non Creamy Layer Certificate is issued on the basis of parents (both father & mother) income certificate, which you submit at the time of applying the NCL certificate and in those 3 years consists combined income should be below INR 8 lakhs p.a.

the principle for determining "creamy layer" should be the same for PSUs/private sector and the government.

The "creamy layer" formula lays down that Group A and Group B (except in certain conditions like age of promotion) are ineligible for quotas while others are eligible provided their annual income from other sources is not above Rs 8 lakh. The critical bit is that annual income doesn't include the salaries of parents. While the Centre has been applying this "exclusion criteria" for wards of persons employed in central and state governments, in case of PSUs/private sector, the Centre has been calculating the "creamy layer" on the basis of salaries of parents.

The ruled that if salary of parents employed in government isn't a criteria for assessing "creamy layer", the salary of a PSU employee "as a test for identifying creamy layer brings in the element of hostile discrimination".

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear Friend,

The relevant circular issued by your State Government is given below in the form of link, same may be visited and get aware of the provisions.

https://www.slideshare.net/bansibhukya/bc-creamy-layer-instructions

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. The Tahsildar or any other officer empowered by the state government for this purpose shall be competent to furnish the certificate for OBC NCL catgegory. If the special executive magistrate of the rank above Tahsildar has been empowered to issue this certificate, then he can very well do it.

2. The requisite formalities in this regard are to be complied with accordingly by the candidate applying, seeking this certificate

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Above circular is overruled, now the income limit is extended to 8 lacs.

Not magistrate, its a minute job, Tehsildaar or subordinate of it.

Parent`s resident, permanent address.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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