• Creamy layer in OBC as per latest rules

I am manager at a public sector banks having salary Rs. 11 lac pa. I joined the bank as clerk and was promoted to officer after age of 42. Whether my son may got benefit of OBC in UP State or central government service. What will be the position after my retirement
Asked 4 years ago in Labour

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5 Answers

Your son would be entitled to OBC NL certificate as you were promoted to manager grade at age of 42 years

2) the Madras HC had ruled that if salary of parents employed in government is not a criteria for assessing “creamy layer”, the salary of a PSU employee “as a test for identifying creamy layer brings in the element of hostile discrimination

3) The Delhi high court has slammed the Centre’s method of calculating the “creamy layer” for wards of persons from “Other Backward Classes” working in PSUs —

4) the HC directed the Centre to recalculate the “creamy layer” for petitioners within eight weeks – reviving hopes that they may be able to join the civil services after being rejected earlier.

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Sir after the recent central government notification of equivalence of post now in PSU and Bank also the OBC non creamy layer shall be decided by post not salary.

Refer the Circular notification here


Sir Kindly refer this " 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" along your post you will get idea he will fall under Creamy layer or not.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

If such position of class I is achieved after reaching 40 years of age, than son is eligible for non creamy status and same status will prevail after retirement.

(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 -- Non Creamy

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Since you are equivalent cadre in the Government departments will be class I officer the same rule shall apply in your case too for considering the eligibility for OBC NCL category.

As per law, if you are promoted to class I post after the age of 40 years, you are eligible for the concession under the said category. The salary income is not considered for computing the annual income of the family.

The same position will continue even after retirement.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Your son would fall in the category of OBC Non Creamy Layer as you were promoted to class 1

grade after the age of 40 years.

Income is immaterial in this case.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

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