• I am eligible to OBC NCL reservation or not?

My father worked as helper and fitter in Coal India Limited. Now, he is retired and currently, my brother is working as a Junior Engineer in Power Plant of Uttar Pradesh. I am IIT Delhi graduate and my interview for PSUs will going to start in mid April and July. So, I am having doubt regarding the same.
Please clarify it as soon as possible.
Thanks in advance.
Asked 4 years ago in Labour

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

18 Answers

Dear Client,,

If your parent`s salary is less than 8 lacs than OBC NCL.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You are eligible as your father was in PSU and worked below rank of managment and board.so.you will get benifit of obc NCl.

Also your brother income your qualification not relevant only your father position as he was salaried employee is only relevant.

Being retired employee of PSU ask your father to get certificate of equivalence of post from his psu and you shall get the benifit.

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

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

you are eligible for OBC NL certifcate as your father was working as class C employee

2) your brother income or status is immaterial

3) as it is your father income for last 3 years must be less than Rs 8 lakhs

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

your brother salary is not to be included only your parents income or status is considered

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

No, you are eligible for the OBC NCL reservation

V Ranjan
Advocate, Delhi
62 Answers

5.0 on 5.0

No, only parent`s income considered for examining NC status.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear,

No it's not create problem for you.

Your brother's salary will be not included in your father's salary

You are in OBC NCL.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

- If your annual family income (excluding government salary and agricultural income) is more than Rs. 8 lakhs in all the last three years then you are creamy layer.

- If the annual income is less then Rs. 8 lakhs for any one of the three years you are a non-creamy layer.

- Definition of family- Father, Mother & minor children below 18 years

- It means the income of brother not include for the purpose of getting the benefit of reservation.

Since, your father was working as a Helper and fitter , and further he already retired from the same post and further his income was below than Rs.8 lakh, then legally you are eligible for the benefit of OBC NCL reservation.

Mohammed Shahzad
Advocate, Delhi
9916 Answers
121 Consultations

5.0 on 5.0

No Sir as stated above the salary of your brother is irrelevant for your NCL status only mother father relevant.

Further refer above mentioned circular also in case of government and PSU job the rank is important the salary is not seen.

for any other doubt read the notification link provided in previous answer you shall understand it clearly.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You are still a non creamy layer candidate because according to the government order, the income of parents shall not be taken into consideration for determination of creamy layer of other backward caste candidate. The income of your brother shall also not considered by the PSU while deciding the creamy layer. If father of the candidate promoted at class one officer before the age of 40 years then candidate will be treated as creamy layer, in your case your father has retired from class 3 post then you are entitled to get benefit of reservation.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

For this purpose the family income is considered to decide the creamy and non creamy layer.

As you family income is more than the prescribed limit you will not get the benefit NC.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hi,

Your brother status may not affect your status.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

No, not at all your brother income can’t be added or be the reason to stop for you.

As per law only parents earnings make any difference in it otherwise it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Your brother occupation will no way come in picture to determine whether you are in creamy layer or not.

Since your father was a fitter and his salary is less than 8 lakhs you are eligible for the OBC NCL reservation

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

The creamy layer is a term used for wealthier and better educated members of the Other Backward Classes (OBCs) who are not eligible for government sponsored educational and professional benefit programs.

Your question: Is my brother's salary will be included or not?

Answer: Yes it will be included in considering the OBC NCL category.

In your case, the annual income of family is probably more than Rs. 6 lakhs. If not then you can claim the reservation;

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You are eligible for OBC NCL category certificate, provided the annual income of yor family is not exceeding Rs. 8 lacs which is your father's pension income and your brother's government salary income.

You can apply for the NCL certificate and are eligible to avail the concession applicable to this category.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Your father's pension, if any will be excluded out of the family income and also your brother's government salary shall be excluded while computing the annual family income for this purpose.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

If your current family income exceeds 8 lakhs then you will not be considered as non creamy layer category.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer