• Obc creamy layer

I have been working as professor (as a permanent faculty member) in the dept. of History , A. N. S. College, Barh(Patna) from 21 years. This college is a constitute unit of Magadh University, Bodhgaya, a recognised university of Bihar. At present my annual salary is approx 15 lakhs and belongs to OBC catogery as per reservation category. Please tell me whether my offsprings will be availed OBC NCL certificate or not.
Asked 5 years ago in Constitutional Law

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7 Answers

This depends on whether or not you are a group-A or group-B employee. Also, if you are a group-A employee, were you directly recruited in group-A or promoted from group-B to group-A? If you were promoted to group-A, at what age that was done?

pls answer the above

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

As professor do you fall in class 1 or class2 grade ?

If your salary is above Rs 8 lakhs for last 3 years you would fall under creamy layer

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

OBC Creamy layer does not get any benefit.They does not come under reserved category anymore.They are treated equal to General category candidate.The difference between Creamy and Non creamy layer is on the basis of Annual income of Family.If the annual income of the family is more than 8 lakhs per annum,the candidate is considered to be under Creamy layer and does not get any benefit of reservation.

OBC non creamy layer gets benefits for exams and jobs.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Sir in case that depends upon the post you are holding and from the period you are holding that is as the professor is class I employee in that case your promotions has to be seen.

The criteria for the salaried employees which falls under creamy layer are :

(i) parents, either of whom is a Class I officer (direct recruits)

(ii) parents, both of whom are Class II officers (direct recruits)

(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.

Rest all are under the Non creamy layer.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

So in your case your promotion to professor from class second as assistant professor has to be seen.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

As per Central creamy layer criteria Dt. 08.09.1993-

(i) Rule (II) (ii), if parents, either of whom is a direct Class II officer or parents, either of whom is a direct Class II officer & another is a Class III employee or parents, both of whom are Class III employees the candidate shall not be treated as creamy layer & will be eligible for OBC reservation irrespective of any salary income.

(ii) Rule (II) (iii), if parents of whom only the father is a direct Class III employee and gets into Class I at the age of 40 or earlier the candidate shall not be treated as creamy layer & will be eligible for OBC reservation irrespective of any salary income.

CLASS I AND CLASS II employee are in creamy layer no matter what there income is, though there are some exceptions provided.

In so far as employees working in Public Sector Undertakings, Banks, Insurance Organizations, Universities, etc., are concerned, the terms for Officers holding equivalent or comparable posts and also posts and positions under the private employment as equivalent to that of the criteria enumerated in the Service Category II A & B of Group A/Class I and Group B/Class II Officers are required to be applied mutatis mutandis

to these Officers also. But, pending evaluation of equivalent or comparable posts, their salaries income and agricultural income should not to be clubbed for the purpose of Rule of Exclusion based on income/wealth test. The salaries of the employees below the Category II A & B of Group A/Class I and Group B/Class II officers were never intended to be taken into account when computing the total income for the Income/Wealth test under Category VI.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

In which type of job of professor under University Service (UGC recognised)may be categorised.? Please acknowledge me in detail.

in respect of “Category II-C” employees working in Public Sector Undertakings, Public Sector Banks, Insurance Organizations, or posts and positions under private employment, the Rule of Exclusion will apply to the Category of Services equivalent to Group A/Class I or both the parents holding the position of equivalent to Group B/Class II Officers. In the case of all the salaried employees of the Central Government, State Governments, Public Sector Undertakings, Insurance Organizations, etc., and persons in the private employment below the equivalent or comparable posts and positions of Group A/Class I Officers and Group B/Class II Officers, their salaries cannot be clubbed with other sources of income. However, if they independently have any other source of income other than salaries and agricultural land exceeding the income limit under Category VI, the Rule of Exclusion for availing the reservation will apply.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

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