• Criteria for reservation to obc category for pensioners

I am retired as an Assistant General Manager from a Nationalised Bank in March 2015. I am a native of District Jaipur of Rajasthan State and belong to Jat community eligible for OBC status. My income as per IT returns for FY 2015-16 , 2016-17 and 2017-18 is Rs. 17.00 lacs, 16.00 lacs and 7.80 lacs respectively. Due to payment of retirement benefits during FY 2015-16 and 2016-17 the income was higher but the actual income after retirement is out of monthly pension only and some consultancy work which is well below 8.00 lacs. As the criteria for OBC non-creamy layer has since been raised to 8.00 lacs w.e.f. the 2017 but as per the requirement, IT returns for last three consecutive years are to be submitted along with the application for getting OBC certificate. So please suggest me whether my son/daughter shall be eligible for reservation to OBC non-creamy layer category? Please also quote / reproduce the relevant order / official communication in the matter.

L R Ghosliya
Email: [deleted]
Asked 4 years ago in Labour

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9 Answers

No sir your son/daughter wont get benefit of your retirement for OBC NCL certificate, as it is clarified that sons and daughters of parents who are included in the creamy layer on the basis of service status of their parents shall continue to be treated in creamy layer even if their parents have retired or have died after retirement.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) If you have submitted IT returns or got IT returns certificate as per your mentioned amount, than don't submit this to get as Income certificate, because you should have submitted CA certificate for after investing pension amount in different field and than got those amount adjusted and take certificate appropriately.

2) Now you have to convince the authority who issue Income certificate, mention all detials and tell them thus is not your Monthly income its your life time service earned amount and that should be deducted.

3) Or its illegal, you can get last three years certificate from your employer of income and submit that to get OBC non creamy layer certificate. Because pension and Provident fund department is different and employer is different.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

It is well settled that children of parents who are in creamy layer category based on service records of parents cannot claim OBC NCL certificate just because parents have died or retired.

Your children will continue to be in category of creamy layer and as such they cannot claim OBC NCL certificate.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Under the 1993 memorandum issued by the DoPT, certain categories are listed under the creamy layer.

While categories like constitutional posts, Group A/Class I and Group B/Class II were clearly mentioned in it, there was no clarity in regard to the employees of PSUs, banks and insurance organisations.

The order further stated that pending the evaluation of posts on equivalence or comparable basis in these institutions, the criteria of income test would apply to the officers there.

2) The matter of formulating equivalence has since been examined in detail. 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. For Clerks and Peons in PSBs, FIs and PSICs, the Income Test as revised from time to time will be applicable. These are the broad guidelines and each individual Bank, PSU, Insurance Company would place the matter before their respective board to identify individual posts.

4) since you were in managerial position it would be equivalent to group A and your children would fall under creamy layer

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Please again read me answer properly point number. Before apply IT certificate, your CA should have shown PF and pension income different. That's why now its not in use. So as of now you can follow point no 3.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

If your family income is less than 8 lakhs PA then definetely you are eligible for OBC non creamy layer category.

Prashant Nayak
Advocate, Mumbai
27278 Answers
88 Consultations

4.4 on 5.0

Dear Sir,

As you agree that outer limit is Rs. 8 lakhs per annum to get OBC non creamy layer certificate. It is not possible to get the same it will go legally. Think of deviating and think of taking family certificate of your wife showing her as exclusive natural guardian of your children. To my mind this proposal may solve your problem.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Yes your son and daughter will fall under the OBC NON Creamy layer and can claim the benefit of the reservation

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The income criteria is that your income should not exceed Rs. 8 lakhs for the three continuous years preceding the date of the application

Since your income is less than Rs. 8 lakhs in the current fiscal year, you are eligible for getting OBC NCL certificate

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

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