• Regarding non-creamy layer govt employee

I am a Group "B" officer in central govt , My annual income is > than Rs.12 lachs. Whether I am elligible for OBC Ncl for my son admission in IIT(jee). Please confirm with supported document.
G.Guhaganesan
Asked 4 years ago in Labour

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8 Answers

Sir for your son he is not eligible for OBC NCL if you are direct recruit group B officer or promoted before age of 40 then.

Categories in obc creamy layer they are not eligible for NCl:

(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
25516 Answers
179 Consultations

5.0 on 5.0

No family income above 8 lakhs pa.comes under creamy layer bracket.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

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 son would be entitled to OBC NL certificate as you are not promoted to group A at age of 40 or earlier

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

hello,

Memo. No. 1464–BCW/MR–59/10 Dated 30th April, 2010 as regards guidelines for issuance of OBC Certificate states -

".....14. Regarding determination of ‘Creamy Layer’, the following points shall be considered:

a. First, status of the parents (not of the applicant) is to be ascertained. If any of the parents of the applicant holds a constitutional post or belong to Class I or Group ‘A’ service of the Central or State Government before the age of 40, he is considered to belong to ‘creamy layer’’.If both of the parents belong to class II or Group ‘B’ service the Central or State Government before the age of 40, he is considered to belong to ‘creamy layer’’. If such parents retire or die after retirement, the status will remain unchanged. If, however, parents die or suffer permanent incapacitation during service, the applicant shall not fall under ‘Creamy Layer’."

Since you are a group B officer therefore income test will apply in your case and in the said case the income from the salaries is not included therefore your son in my advise will get the benefit of OBC

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

"parents of whom only the father is a direct Class II/Group B officer and he gets into Class I at the age of 40 or earlier."

The above category falls into creamy layer and since you are not covered under it, you kid is entitled for NCL OBC status.

Refer to the relevant circulars of the NATIONAL COMMISSION FOR BACKWARD CLASSES

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. Download the required form from e-seva site under revenue department, OBC form. (site may differ in your region- may be an MRO site)

Eligibilty criteria- Income under 8 lakhs annually. For kids of govt employees go thr’ below question.

What is the OBC Non-Creamy layer eligibility for the son of a government employee?

2. Fill the form and attach required documents. The form is very detailed and mother and father signatures are also required.

Affidavit, court stamp,

all your educational record from ssc to degree. In case pursing PG make sure to submit sem memo or college ID card.

State BC certificate, previous obc certificate

aadhar card or ration card

previous 3 years IT Returns

3. Submit in nearby e-seva center and wait for 15–30 days.

4. You’ll get a message when your request is processed and you can collect the certificate from the same e-seva center.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

The relevant circular issued by Tamil Nadu is as follows, which was for outer limit of Rs.4,50,000/- which was subsequently enhanced to Rs.8,00,000/- the relevant link is found below. Now it is enhanced to Rs.8,00,000/-

As such I impress upon you that your income does not permit you to enter the category "Non-creamy layer". One thing you may do...why don't you get salary income of your wife showing he is in the custody of mother, if your sentiments hurt, never do this.

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http://cms.tn.gov.in/sites/default/files/gos/bcmbc_e_47_2008.pdf

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Enhanced to Rs. 8 lakhs.

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http://cms.tn.gov.in/sites/default/files/go/bcmbc_e_6001_2017_letter.pdf

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Definition :

The term creamy layer was first coined by Justice Krishna Iyer in 1975 in State of Kerala vs NM Thomas case, wherein he observed that the benefits of reservation are snatched away by the top creamy layer of the 'backward' caste or class, thus keeping the weakest among the weak always weak.

The Creamy Layer is used to Differentiate Socially economically developed Persons in a caste from those who are Deserving of Reservation and Empowerment. . It is only applicable to OBCs, SC and STs are exceptions to this differentiation. This is estimated using annual Income of a Family- Currently It is 8 lakhs, meaning if your family is earning 4 lakhs/annum and you belong to an OBC caste, you are eligible for reservation. But if your family has Income above 6 lakhs, then you are not Eligible for reservation. This allows the Benefits of reservation to seep through to the poor.

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Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Even if you are a direct group B officer or a direct Class II officer and get into Class I at the age of 40 or earlier, then you will be considered as creamy layer.

Salary income is not a criteria for computing annual income.

Since you are still a Group B officer, you are eligible for concessions under OBC NCL category.

Your son can apply for OBC NCL Certificate.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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