• OBC certificate for private employees salary income

Dear Sir
I am working as employee in a private company as General Manager. My annual income from salary (after tax deduction) exceeded Rs. 8.0 Lacs for consecutive last three years. My caste is included in Central list of OBC (Chhatisgarh state). For us, there is no income from any other sources or other profession. Salary income is the only source of income for us. I have non irrigated agricultural land in my village and agricultural income is less than Rs. 50,000/-.per year.
There is no equivalence of post defined for private employees vis-a-vis posts in Government Jobs.
Kindly advice if my children are eligible for OBC Non Creamy Layer. My son shall be indicating the caste category in JEE Main-1 application form 2019, accordingly.

Vidya Dhar Naik
Asked 4 years ago in Taxation

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7 Answers

Your children are not eligible for OBC NL certificate as your income from salary is more than Rs 8 lakhs per annum

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Sir in private.sector if the annual income above 8 lacs 3 consecutive year then in that case children will fall under.cremay layer and won't get NCL benifit.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Not eligible as your salary is exceeding 8 lacs for pass 3 consecutive years.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

In Private sector any person who has income greater than 8 lakh is not eligible for OBC reservation. This clarification has been released by the commission. You may get in touch with some agents and see if they can help you out.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The eligibility conditions for Salaried Employees/ Officials of the Statutory Bodies,Autonomous Bodies, Universities, Private Companies, Firms, corporate Companies, Cooperatives and any other Organizations,Bodies and Institutes,posts and positions under Private Employment, etc.,not covered under Category II A,B or C above, are given below:

For the Son(s) and Daughter(s) of the salaried employees of the Statutory Bodies, Autonomous Bodies, universities, Private Companies, Firms, Corporate Companies, Co-operatives and any other Organizations,

Bodies and Institutes, posts and positions under Private Employment, etc., not covered in Category II ‘A’, ‘B’ or ‘C’, the income criteria specified in Category VI below will apply.

Provided that if the gross salary income of both the parents exceeds Rs.15,00,000/- (Rupees Fifteen Lakhs

only), the income criteria under Category VI will be applied to the amount remaining after deduction of an amount of Rupees Fifteen Lakhs from the gross salary of both parents. (Example: If gross annual income

of both parents is Rs. 25 lakhs, in that case,their income for applying the Income Criteria will be: 25 lakhs minus 15 lakhs i.e. Rs.10 lakhs only).

The salary of a public sector undertaking employee should not be taken into account while deciding whether his children are ruled out of OBC reservation by the creamy layer clause, Madras High Court has ruled, ending longstanding confusion.

The high court has rejected a central government clarification of 2004 that allowed low and middle-ranking PSU staff's salary to be counted while determining their possible creamy layer status while exempting government staff of similar rank.

the children of lower-rung private sector employees too could move court, citing the Madras High Court order, to seek relief.

However for the present the salary income ceiling of Rs. 8 lakhs is still in vogue as far as the private employees are are concerned.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

I have made RTI requests (04 nos), Appeal (02 nos) to National Commission of Backward Classes (NCBC), Deptt. of Personnel & Training (DoP&T) and Central Information Commission (CIC). There is no decision or clarification issued by any of the appellate authority, in their replies.

You may be aware that the government has not yet formulated a concrete decision to accord the NCL status to the private sector employees bringing them at par or equivalent to the govt employees.

Hence the proposed 15 lakhs limit is also a proposal pending decision and no decision has been taken on it yet by the government

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Sir the clause 10 in the OM is for the candidate in category VI of the schedule, in your case the question of agriculture income arises when your salary income is less then 8 lakh rupees but here without combining the agriculture limit your salary is above the prescribed limit.

Further for RTI answers approach Information commission if the concerned PIO has not answered the query.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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