• Non-creamy layer

My father and mother both are primary teacher in zilla parishad and theirs combined annual income is around 14 lakhs. So do i belong to non creamy layer?
Asked 8 years ago in Constitutional Law

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11 Answers

Yes you are eligible for Non creamy layer as your parents are grade 3 I.e class 3 teachers and in case parents are salaried their status maintains not the salary so if both parents are class 3.employees you.will get a non creamy layer status.

The Government of India has evolved the criteria for exclusion of certain socially advanced persons/sections from the benefits of reservation available to OBCs in civil posts and services under the Government of India and this is called the “Creamy Layer criteria”

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes your parents income comes under Creamy Layer

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The creamy layer cap is Rs. 8 lakhs. The family income above 8 lakhs is creamy layer.

Prashant Nayak
Advocate, Mumbai
34511 Answers
248 Consultations

for govt servants OBC NL is determined by their status and not income

2) 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.

3) since your parents are primary teachers and not group A or directly recruited group B officers you would fall under OBC NL

Ajay Sethi
Advocate, Mumbai
99772 Answers
8145 Consultations

Dear Sir,

It is better to get salary certificate of one of the parent which shall be less than Rs. 8 Lakhs so that you can get OBC not creamy layer certificate and enjoy the benefits. For more details please contact me immediately through Kaanoon Website.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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
13008 Answers
267 Consultations

This will not depend upon the combined annual income of your mother and father.

Rather it depends upon the class/group in which they are working.

Please inform whether they are working Group A, B, C or D?

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

Income from the salaries is excluded and therefore you will belong to the non creamy layer.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Pls check with your local Tahsildar, show him all the documents

Anwar Zaidi
Advocate, Mira Bhayandar
233 Answers

The salary income of the government employees are not considered for computation of annual income ceiling as is required for the eligibility for obtaining a certificate under OBC NCL.

Their status of class I or Group I or A and if it was acquired either below or above 40 years is the criterion.

T Kalaiselvan
Advocate, Vellore
89974 Answers
2491 Consultations

Yes

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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