• OBC equivalent issue

As per latest om of dopt and further by deptt of financial services, it is said that ward of Publicsector insurance company like LIC , who is working as equivalent post of class I in the organisation is considered under obc creamy layer. In that OM it is further said that exceptions are when person who is promoted to class I post from class 3 post at the age of 40 or earlier will fall in obc-ncl. I want to know that whether my interpretation of OM of DOPT is correct or not.
Asked 7 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

19 Answers

Sir the DOPT memorandum for equivalence of the post determination of creamy

layer criteria in CPSEs, the general principle would be that all the Executive

level posts in CPSEs i.e. Board level Executives and below Board level Executives

which are managerial level posts, will be considered as "creamy layer" subject to

the proviso that those Executives whose annual income as per criteria given in

DoPT OM [deleted] is less than Rs. 8 lakhs (as amended vide DoPT OM No.

36033/1/2013-Estt.(Res) dated [deleted]), will not fall under creamy layer

criteria.

Further the second condition for the promotion applies on the central government and state government employees.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Your interpretation is absolutely correct

Ajay Sethi
Advocate, Mumbai
99798 Answers
8147 Consultations

Dear Client,

OM says 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 - Creamy.

From class 3 to class I at or b4 40 years - shall be considered NCL.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Yes it is correct

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No you are not correct please insert limit of Rs.8 Lac in it and then read again.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

If your salary is more than Rs 8 lakhs per annum for last 3 years then you would fall under creamy layer

Ajay Sethi
Advocate, Mumbai
99798 Answers
8147 Consultations

If the salary is above 3 lakh for 3 consecutive year then the benefit of OBC will not be given.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No, Sir take it positively.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

In that OM it is further said that exceptions are when person who is promoted to class I post from class 3 post at the age of 40 or earlier will fall in obc-ncl. I want to know that whether my interpretation of OM of DOPT is correct or not.

Your understanding is right.

The law what you have referred has been clarified properly that a staff who joined as class III and promoted subsequently to class I after the age of 40 years shall be treated to fall under OBC NCL category and can avail the concessions meant for non creamy layer.

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

The law what you have referred has been clarified properly that a staff who joined as class III and promoted subsequently to class I after the age of 40 years shall be treated to fall under OBC NCL category and can avail the concessions meant for non creamy layer.

This Category will apply mutatis mutandi to officers holding equivalent or comparable posts in PSUs, Banks, Insurance Organisations, Universities, etc. and also to equivalent or comparable posts and positions under private

employment, Pending the evaluation of the posts on equivalent or comparable basis in these institutions, the criteria specified in Category VI.

below will apply to the officers in these

Institutions.

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

Yes your ward shall fall under OBC NCL get the equivalence criteria from department as it shall be decided by them and then apply.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Income shall not be criteria after equivalence .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) madras HC has held 

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

 

 

Ajay Sethi
Advocate, Mumbai
99798 Answers
8147 Consultations

If you are earn more than 8 lakh then you are eligible for OBC Creamy layer. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir,

‘Creamy layer’: Criteria for PSU, bank posts evolved

To grant reservation benefits to the OBC employees

The Centre has evolved criteria to identify posts in the PSUs, public sector banks and financial institutions comparable with those in the government to exclude the ‘creamy layer’ to grant reservation benefits to the OBC employees.

A proposal was examined and approved by a panel of Ministers and sent to the Cabinet for its final nod, a senior government official said.

The same panel had recently cleared the proposal to raise the ‘creamy layer’ ceiling for the Other Backward Classes (OBC) category to Rs. 8 lakh per annum from Rs. 6 lakh for Central government jobs.

The need to draw up the criteria arose as there was lack of clarity in the comparable posts in the State-run undertakings and the government.

The exercise to draw up the set of criteria was undertaken almost 23 years after a 1993 office order of the Department of Personnel and Training (DoPT) providing for 27% quota for the OBCs in government vacancies and laying down categories under the creamy layer.

‘Equivalent posts’

This order merely said the criterion enumerated for Group A and Group B posts would apply to officers “holding equivalent and comparable posts” in the PSUs, banks and financial institutions.

He said the move was aimed at ensuring parity between the posts in the financial institutions with those in the government in reservations.

“There were discrepancies in granting benefits to the OBC employees of such organisations and some were getting undue benefits in the absence of a comparative chart of posts across government and PSUs,” the official said.

Under the 1993 memorandum issued by the DoPT, certain categories are listed under the creamy layer.

Criteria of income

While categories like constitutional posts, Group A/Class I and Group B/Class II were clearly mentioned in it, there was no clarity in regard to the employees of PSUs, banks and insurance organisations.

The order further said pending the evaluation of posts on equivalence or comparable basis in these institutions, the criteria of income test would apply to the officers there.

Office Memorandum by DoPT increasing to Rs.8 lakhs

Government extends concept of creamy layer to PSUs, public financial institutions

In a major development, the Narendra Modi government on Wednesday expanded the ambit of ‘creamy layer’ in OBC reservations to include certain posts in PSUs and public sector financial institutions. Last week, the income limit defining ‘creamy layer’ in government jobs for OBC reservation was raised to Rs 8 lakh per annum from Rs 6 lakh. Now, the same definition of ‘creamy layer’ would apply to PSUs public sector financial institutions also in OBC reservations.

“This will ensure that the children of those serving in lower categories in PSUs and other institutions can get the benefit of OBC reservations, on par with children of people serving in lower categories in government,” said Finance Minister Arun Jaitley.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Yes.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear Sir,

Take back your words.  It is charity works.  you must be surprised that each advocate not getting even Rs.10/- for answering your question as administrator retains major portion of your payments and distributes the balance amount among the advocates who answer the questions.  Further your megar amount of Rs.500/- is not sufficient to solve your legal quay.  Further it is a human error and you cannot ask such a big questions by paying such small amount it is insult to the fraternity of advocates.  Further a client cannot judge and give rating by himself on the expert opinion.  In many cases the client giving negative ranks whenever the answer is honest but adverse to the case of client when compared on merits.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Salary income is not taken into consideration for computing annual income of the ps employees also.

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

Your interpretation is correct if the present facts are considered.

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer