• OBC non-creamy layer

My father is a group D psu employee. His annual income for last 3 consecutive year is less than 8 lakhs per annum (except the latest year). Will I be eligible for NCL category. 
Has equivalence for psu posts been established?
Asked 4 years ago in Constitutional Law

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15 Answers

Respected sir..

Reservation is based on status of your parent not on income.income is just a factor to quantify status.And your(candidate’s) own Income does not matter at all.below class II employee , for ex, if your parents are class 3/4 employee , and annual income is above 6 lacs(no matter what amount) , but this is solely on the basis of the govt salary or through agricultural land , then u are still in NCL ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

1) Yes you will be eligible for NCL certificate.

For government job or education institute, Income criteria is 8 lacs p.a but this include income other than goverment salary and income through agricultural land. AND the same criteria is applied for below class II employee , for ex, if your parents are class 3 employee , and annual income is above 8 lacs(no matter what amount) , but this is solely on the basis of the govt salary or through agricultural land , then u are still NCL not CL.

Reservation is based on status of your parent not on income.income is just a factor to quantify status.

And your(candidate’s) own Income does not matter at all.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

The source of Income and status is important in deciding the obc NCL category.

Children of employee below class II grade shall get an obc NCl certificate irrespective of their salary. Also if income the is from agriculture land along with salary you will be still eligible.

The separate income that is from business etc.apart from agriculture land and salary should not more than 8 lakh for 3 consecutive years.

So your are eligible for an NCL certificate.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The equilance of the post has to be established in case of PSU. You will get benifit even if your.father is in PSU and below grade II.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

http://pib.nic.in/newsite/PrintRelease.aspx?relid=170348

Government of India press release for equilance of post in PSU.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since your father is group D officer you would fall under OBC NL

2) Cabinet has given its approval to norms for establishing equivalence of posts in government, and posts in PSUs and public sector banks (PSBs). This will ensure that children of those serving in lower categories in PSUs and other institutions can get the benefit of OBC reservations on a par with children of people serving in lower categories in the government

3) 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

Ajay Sethi
Advocate, Mumbai
87898 Answers
6207 Consultations

5.0 on 5.0

You would be entitled to OBC NL stays as your father was recruited as group D employee abd not promoted to group A

Ajay Sethi
Advocate, Mumbai
87898 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

The main criteria is that parents income should be less than Rs. 8 Lakhs per year to get such certificate. On the basis of previous year salary certificate try to get such certificate or else get another income certificate showing net income as less than Rs. 8 Lakhs.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Who are covered under Creamy layer of OBC Quota

(I) 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.

(III) In military, parents, either of whom is in the rank of Colonel and above.

(IV) Persons engaged in Profession, Trade and Industry whose last three-year’s separate annual income is more then Rs. 8 lakhs per year.

(V) Families owns agriculture land having (i) ‘irrigated land’, more than 85% of the statutory ceiling area or (ii) The rule of exclusion will not apply if the land holding of a family is exclusively unirrigated.

(VI) Persons having separate gross annual income of Rs. 8 lakhs per year or above for a period of last three consecutive years excluding income from salaries & agricultural land.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hi, as per the economic/earning basis, you may not fall under NCL category.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

as per the directive of the Government you are eligible for the NCL.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

Dear Client,

Consecutive last 3 years income will be accounted to judge the status and as per that u r into non creamy layer at least for this year and The validity period for the certificate is 3 Years if you made it up to DM (District Magistrate) level.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes, the equivalence has been established

You'll fall in the non creamy layer.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Yes your father will be eligible to get OBC NCL certifiocate for you on the basis of the information you have submitted above.

In fact the salary income will not be taken for computation of annual income.

The salary income of the government employees and the agricultural income are not taken into consideration for issuance of the NCL certificate

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Is it applicable for children of (Public sector undertaking not government) PSU but below class II grade?

The employee becoming to the class I cadre after the age of 40 years do not fall under the category of creamy layer.

Your father is reported to be a grade D employee hence you need not worry about this.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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