• OBC non-creamy for son of a retired SBI employee

After the equivalence was created between (govt sector institutions )and (psu,psb,fis)after 24 years on 30 aug 2017.Class 3 of govt sector was mapped with clerk and peon post of (psu,psb) and class 1 was mapped with Junior Management Grade scale 1.
It is clearly mentioned in NCBC site that ward of employee joining as class 3 or 4 and attaining class 1 at the age of 40 or EARLIER will NOT be considered as CREAMY LAYER.


Also in the clarification given by Department Of Public Enterprise

(http://dpe.nic.in/sites/default/files/equivalence%20posts_[deleted]_0.pdf).

(Son(s) and daughter( s) , if father/mother is Clerk and Peon of PSBs. Fls and PSICs
employee and he gets into Junior Management Grade Scale-l ofPSBs, Fls ano PSJCs ,:
at the age of 40 or earlier are in exempted list of creamy layer)


My father reached Junior Management Grade scale 1 at the age of 35 and he joined as a clerk.My father is retired now (in 2017).
Am i eligible for non creamy layer status???
Kindly clarify
Asked 4 years ago in Civil Law

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14 Answers

Since your father joined as clerk class 3 you would fall under OBC NL .

It is immaterial that he became class 1 officer at age of 35

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

To my best of understanding, you are entitled to NCL status.

Had your father been directly recruited in group B/classII and promoted to classI at the age of 40 or before that; you were to fall in the creamy layer.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Clarification issued by DPE is self explanatory

It clearly mentions clerks , peons who join PSB abd are promoted as scale 1 before 40 are exempt

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

You are exempted from income / wealth test

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

INCOME/WEALTH test is not applicable to you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) If combined income of your parents are above 8 lakhs rupees than you are not eligible for Non Creamy Layer Certificate.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Also in the clarification given by Department Of Public Enterprise

(http://dpe.nic.in/sites/default/files/equivalence%20posts_[deleted]_0.pdf).

(Son(s) and daughter( s) , if father/mother is Clerk and Peon of PSBs. Fls and PSICs

employee and he gets into Junior Management Grade Scale-l ofPSBs, Fls ano PSJCs ,:

at the age of 40 or earlier are in exempted list of creamy layer)

You are absolutely right by correctly interpreting the provisions of latest amended law in this regard.

The age criteria is immaterial for your father's category to avail the benefits of OBC NCL

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

but there was a problem regarding PSU,PSB,FI ,due to which 120 candidates were disqualified after selection.

Kindly guide in case of Public Sector Banks where CLASS is Not defined as Govt Institutions.

No. 41034/5/2014 - Estt. (Res.) Vol. IV - Part

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel &Training

North Block, New Delhi,

Dated: 06 October 2017

OFFICE MEMORANDUM

Subject:Establishing equivalence of posts in Central Public Sector

Undertakings (PSUs), Banks, Insurance Institutions with Posts in

Government for establishing Creamy Layer criteria - reg

The above circular is very clear to provide you the proper answer to this problem.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

So in my case am i exempted from INCOME/WEALTH test for my OBC NCL certificate????? .My Fathers average of last 3 years income is above 8 lacs per annum

You will be exempted from income/wealth test on the basis of the the circular referred above.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

My father is retired in 2017.Will it (in my situation mentioned) create any problem in obtaining OBC NC certificate??Am I still exempted from INCOME TEST as my father is retired from SBI.As of my knowledge there is nothing written clearly in the website of NCBC and recent notification in this regard.My fathers average salary is 8 lacs pa as of now.Kindly clarify in context of a retired person and my case as mentioned above.

Your father is a retired employee now hence his pension income may not be more than 8 lakhs.

However the rule for exemption of income/wealth test still applies.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Appendix 1, which Schedule to G.I. Department of Personnel and Training, OM NO. 36012/22/93-Estt. (SCT) dated 08.09.1993 gives the list of Persons / Sections excluded from the benefit of reservation under OBC category. It has altogether six P5/10 classes, namely, I- Constitutional post, II- Service category, III- Armed forces including para military forces, IV-Professional class and those engaged in trade and industry, V- Property owners, VI- Income/wealth test.

Category II has three classes which are:-

A- Group A/Class I Officers of All India Central and State Services (direct recruitment).

B- Group B/Class II Officers of the

Central and State Services (direct

recruitment) and

C- Employees in public sector

undertaking etc.

8. For the purpose of present dispute sub-category „c‟ of category II is relevant which is being quoted hereinbelow:-

"C. Employees in Public Sector Undertakings etc:-

The criteria enumerated in A & B above in this Category will apply mutatis mutandis to officer holding equivalent or comparable posts in PSUs, Banks, Insurance Organizations, Universities, etc. and also to equivalent or comparable posts and position under Private employment, pending the evaluation of the posts on equivalent or comparable basis in these Institutions, the criteria specified in category VI below will apply to the P6/10 officers in these Institutions."

3) criteria VI has been applied to employees in public sector undertakings, professional class and those engaged in trade and industry. Criteria VI lays down the income / wealth test and reads thus:-

"VI. Income/Wealth Test. Son(s) and daughter(s)-

a) Persons having gross annual income of Rs. 8 lakh or above or possessing wealth above the exemption limit as prescribed in the Wealth Act for a period of three consecutive years.

b) Persons in Categories I, II, III and V-A who are not disentitled to be benefit of reservation but have income from other sources of wealth which will bring them within the income/wealth criteria mentioned in (a) above.

4) since equivalence of posts have been done criteria VI would not be applicable to your case

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

"Creamy layer is a term used in Indian politics to refer to the relatively forward and better educated members of the Other Backward Classes (OBCs) who are not eligible for government-sponsored educational and professional benefit programs."

As per 2016 report, "The central government has inched a step closer to increasing the "creamy layer" income limit to R 8 lakh per annum from the existing limit of R 6 lakh for availing quota reserved for Other Backward Class (OBC)."

Again, "The Social Justice and Empowerment Ministry had proposed that OBC families which earn more than ₹8 lakh per year should be under the creamy layer category."

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Please read below GR and especially last paragraph, that you are not eligible for NCL

Certificate.

Cabinet approves equivalence of posts in Central Public Sector Undertakings (PSUs), Banks, Insurance Institutions with Posts in Government so that the children of those serving in lower categories in PSUs and other institutions can get the benefit of OBC reservations

The Union Cabinet chaired by Prime Minister Shri Narendra Modi has given its approval to the norms for establishing equivalence of posts in Government and posts in PSUs, PSBs etc. for claiming benefit of OBC reservations. This addresses an issue pending for nearly 24 years. This will ensure that the children of those serving in lower categories in PSUs and other institutions can get the benefit of OBC reservations, on par with children of people serving in lower categories in Government. This will also prevent children of those in senior positions in such institutions, who, owing to absence of equivalence of posts, may have been treated as non Creamy Layer by virtue of wrong interpretation of income standards from cornering government posts reserved for OBCs and denying the genuine non creamy layer candidates a level playing field.

The Union Cabinet also approved the increase in the present income criterion of Rs. 6 lakh per annum for applying the Creamy Layer restriction throughout the country, for excluding Socially Advanced Persons/Sections (Creamy Layer) from the purview of reservation of Other Backward Classes (OBCs). The new income criterion will be Rs. 8 lakh per annum. The increase in the income limit to exclude the Creamy Layer is in keeping with the increase in the Consumer Price Index and will enable more persons to take advantage of reservation benefits extended to OBCs in government services and admission to central educational institutions.

These measures are a part of the Government’s efforts to ensure greater social justice and inclusion for members of the Other Backward Classes. The Government has already introduced in Parliament, a bill to provide Constitutional status to the National Commission for Backward Classes. It has also decided to set up a Commission, under section 340 of the Constitution, to sub categorize the OBCs, so that the more backward among the OBC communities can also access the benefits of reservation for educational institutions and government jobs. All these decisions, taken together, are expected to ensure greater representation of OBCs in educational institutions and jobs, while also ensuring that the more under-privileged within the category are not denied their chance of social mobility.

Background:

In its judgment datOBC-reservationsed 16.11.1992 in WP(C) 930/1990 (IndraSawhney case) the Supreme Court had directed the Government to specify the basis, for exclusion of socially and economically advanced persons from Other Backward Classes by applying the relevant and requisite socio-economic criteria.

An Expert Committee was constituted in February 1993 which submitted its report on 10.03.1993 specifying the criteria for identification of socially advanced persons among OBCs i.e. the Creamy Layer. The report was accepted by the then Ministry of Welfare and forwarded to DoPT which issued an OM dated 08.09.1993 on exclusion from the Creamy Layer.

The OM of 08.09.1993 specifies six categories for identifying Creamy Layer (a) Constitutional/Statutory post (b) Group ‘A’ and Group ‘B’ Officers of Central and State Governments, employees of PSUs and Statutory bodies, universities, (c) Colonel and above in armed forces and equivalent in paramilitary forces (d) professionals like Doctors, Lawyers, Management Consultants, Engineers etc. (e) Property owners with agricultural holdings or vacant land and/or buildings and (f) income/wealth tax asessee.

The OM further stipulates that the said parameters would apply mutatis mutandis to officers holding equivalent or comparable posts in PSUs, Banks, Insurance Organizations, Universities, etc. and Government was required to determine equivalence of positions in these organizations with those in Government.

Pending the equivalence to the established in these institutions Income criteria would apply for the officers in these Institutions.

However, this exercise of determining the equivalence of posts in Government and posts in PSUs, PSBs etc. had not been initiated. The determination of equivalence of posts has been thus pending for almost 24 years.

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.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

The annual family income should be 8 lakhs per annum. If the income raises more than 8 lakhs the creamy layer status is applicable. It will be maintainable when you are securing the said facility the income of the said family.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

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