You'll fall under OBC creamy layer.

Haryana Government has notified the criteria for exclusion of the creamy layer (those earning more than Rs 8 lakh per annum) from the Backward Classes as per the schedule appended to the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutional) Act 2016.

You would be eligible for OBC NL certificate as your father was not promoted to Group A before age of 40 years

2) your father salary is immaterial

1) You are eligible for OBC NCL certificate as per government rule for Defense person.

Son(s) and daughter(s) of parents either or both of whom is or are in the rank of Colonel and above in the Army and to equivalent posts in the Navy and the Air Force and the Paramilitary Forces;

Provided that,

(i) If the mother of an armed forces officer is herself in the armed forces (i.e., the category under consideration) the rule of exclusion will apply only when she herself has reached the rank of Colonel;

(ii) the service ranks below Colonel of father and mother shall not be clubbed together;

(iii) if the mother of an officer in the armed forces is in civil employment, this will not be taken into account for applying the rule of exclusion unless she falls in the service category under item No. II in which case the criteria and conditions Enumerated therein will apply to her independently.

Hi Aman,

For considering into non-creamy layer the gross annual income of the family, here, in this case, you father's income should be below 8 lacs per annum. This income is calculated based on money earned from all sources including deductions or taxes.

The creamy layer (income) criteria were defined as annual family income from all sources more than Rs 8 lakh (from 2017). It was Rs 6 lakh before 2017.

However, it only considers the Gross salary for the last 3 years. For example, if you are applying for the benefits of Non Creamy layer this year and if your father's gross income, year-wise had been less than 8 lacs over the last 3 years, then you are eligible for the non-creamy layer, otherwise, you belong to the creamy layer. So, from what I gathered from you, you will come under the creamy layer.

Hope this helps. Let me know if you have further queries.

Firslty, the law about for come under the category of OBC non creamy layer is that the income of both the parents (adding salary of both) or even if the only parent is more than 8 lac per annum, the child should not get the benefit arising out of it.

Secondly, in your case, your father salary is less than 8 lacs, so you may be able to get the benefit.

Thirdly, initially the limit was 6 lacs, but as now it has been raised by 2 lacs you are safe.

Hello,

You come under the creamy layer category .

Regards.

The ‘creamy layer’ ceiling for OBC reservation has been raised to ₹8 lakh per year in September 2016.

according to the Social Justice and Empowerment Ministry, OBC families which earn more than ₹8 lakh per year should be under the creamy layer category.

regards.

I think it’s 8 lacs but in a recent judgment by Madras high court and delhi high court they have directed the government to recalculate the same. Please refer both the judgments by taking proper opinion from some lawyer after showing all the documents.

Dear Sir,

Income of your parents only will be calculated. Thus you can get the certificate.

The government will consider the parents’ status to determine “creamy layer” instead of status of the candidate applying for the job. In case of women candidates, too, the parents’ status will be considered and not the husband’s status.

Validity period

http://document.ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36036_2_2013-Estt.Res-I-31032016.pdf

Please note that there is no validity period of OBC-NC Certificates.

The Department of Personnel & Training, clarified its position Govt. of India vide OM No. 36033/4/97-Estt.(Res.) dt. 25th July 2003.

It is only a misconception that there is a validity period of OBC-NC Certificate.

Thus OBC-NC Certificate is absolutely valid even if issued for more than 3 years ago but with a self - declaration given by the Candidate as per the format mentioned in the OM.

Find the link to the DoPT OM:

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36033_4_97_01April2005.htm

How do I calculate the gross income of my parents (who are government employees) to determine whether I belong to non-creamy layer or not in order to get the OBC reservation?

According to Para 10 of No. 36033/5/2004 - Estt. (Res.) which is a clarification issues to all state chief secretaries regarding clarification on OBC Creamy layer, income from Salaries and Agriculture should not be considered for calculating the gross income. Only the income apart from salaries and agriculture are to be considered.

The para 9 & 10 states as follow:

9. Creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-a-vis posts in Government has not• been evaluated is determined as follows:

Income of the parents from the salaries and from the other sources [ other than salaries and agricultural land] is determined separately. If either the income of the parents from the salaries or the income of the parents from other sources __ [ other than salari"es and agricultural land] exceeds the limit of Rs.8 lakh per annum for a period of three consecutive years, the •sons and daughters of such persons shall be treated to fall in creamy layer. But the sons and daughters of parents whose• income from salaries is less than Rs. 8 lakh per annum and income from other sources is also Jess than Rs.8 lakh per annum will not be treated as falling in creamy lay r even if the sum of the income from salaries and the income from the other sources is more than Rs.8 lakh per annum for a period of three consecutive years. It may be noted that income from agricultural land is not taken into account while applying the Test.

10. In regard to clause (x) of para 4, it is clarified that while applying the Income/Wealth Test to determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs. '8 lakh per annum, income from agricultural land is more than Rs. 8 Jakh per annum> but income from other sources is less than Rs. 8 lakh per annum> the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth Test provided his parent(s) do not possess wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years.

________________________________________

So, if your parents do not belong to higher class jobs, if they have income less than 6 lakh(%% Got revised in 2013) from sources other than salaries and agriculture and their wealth is within the limit , then u are eligible for non creamy layer benefits

Misinterpretation

Most of the people in India misunderstand the concept of creamy layer. Following are some key points that usually misunderstood by the people.

1. The creamy layer category of the candidate will be decided based on the parent’s post/income but not by the candidate’s self post/income.

2. Eligibility regarding a government servants is only based on the level he/she is in, but not by the salary they earn.

3. Rs. 450000 criteria will be applied only to business people but not to salaried people even if he/she is a salaried employee in the government/PSU/private organizations.

4. Business people’s children will fall under the creamy layer only if they earn Rs. 450000 for a period of three consecutive years.[4]

Supreme Court of India

Union Of India vs Rakesh Kumar & Ors on 12 January, 2010

Author: K Balakrishnan

Bench: P. Sathasivam, J.M. Panchal

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE HURISDICTION

CIVIL APPEAL NOS. 484-491 OF 2006

You will be given obc ncl benifit as for defence personal the salary is immaterial the rank is considered for status of obc ncl.

Warrant Officer of Indian Air Force do not come under gazetted post or rank.

He may be considered as group B but since he is a government employee his salary will not be taken into account for computing the annual income of the family .

You can avail the concession of OBC NCL category, if otherwise you are eligible.

If your total family income exceeds 8 lakhs per annum then you are not applicable for the non creamy layer status of OBC.