• Clarification regarding OBC Non-creamy layer status

My father was a directly recruited class 2 officer, he passed away during service.
My mother was appointed as an ad-hoc lecturer (in 1988)and gradually she was confirmed as a permanent lecturer. Now she is an associate professor in a degree college that get aids from a central university.
My age is 37 years and i work in a state PSU in class 3 cadre. I am not dependent on my mother.
I want to know that, whether i come under OBC NCL category.
Asked 5 years ago in Labour

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13 Answers

Even if not dependent on your mother, for your obc NCL status the income of the parents is considered not yours, since the university is not central university that is she is not central or the state government employee her salary shall be considered that is if it is above 8 lakh for last three years no NCL status otherwise you shall get OBC ncl status if salary is below that.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

you are eligible for non creamy layer obc benefits

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear client, you are not able to take NCL certificate. Because though you are working under PSU but your mother is still working as a associate professor. You mother annual income is above 6 lacs..

Bindu Gogoi
Advocate, Guwahati
75 Answers
2 Consultations

4.8 on 5.0

as per the Central creamy layer criterion II & III dated 08.09.1993 only the sons and daughter of following “government servants” will be treated as creamy-layer.

(i) Parents, either of whom is a Group-A officer. (Direct Recruitment)

(ii) Parents, both of whom are Group-B officers. (Direct Recruitment)

(iii) Parents of whom only the father is a Group-B officer and he gets into Group-A at the age of 40 or earlier.

2) in your case you would fall under OBC NL as your father did not get into Group A at age of 40 or earlier

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You would fall under OBC NL

2) For government employees status

Is considered and not income

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Hi, as per the submissions you don't fall NCL.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Sir there is supreme court judgement which specifically says that the income of the parents shall be considered even if the candidate is working.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You are eligible to get a non creamy layer certificate since your father who was recruited directly in class-2 could not be promoted to class-1 before the age of 40.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Apply for a NCL certificate.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

If mother income + father pension is more than 8 lacs - creamy layer.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

This depends on your annual income.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

The candidate may fall under creamy layer if

parents, both of whom are Class II officers;

parents of whom only the father is a Class II officer and he gets into Class I at the age of 40 or earlier;

it is clarified that the creamy layer status of sons and daughters of persons employed in organization 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 salaries and agricultural land] exceeds the limit of Rs.25 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.25 lakh per annum and income from other sources is also less than Rs.2.5 lakh per annum will not be treated as falling in creamy layer even if the sum of the income from salaries and the income from the other sources is more than Rs.2.5 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."

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

No both your parents annual income is more than 8 lacs than in.last 3 consecutive years it should be less than 8 lacs.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

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