• OBC NCL

Sir,
My father is retired govt. employee of PSU. His month and year of retirement is May 2017. At the time of retirement, his salary was more than 8 lakhs on annual basis. He was group D worker( unskilled). So, am I eligible for obc NCL? Because I heard that more than 8 lakhs in 3 consecutive months is line for differentiating creamy and non creamy. Please explain the criteria of 8 lakhs in details.
Asked 4 years ago in Civil Law

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15 Answers

If one joins in group c or class 3 and becomes group b after promotion, that is still considered as non creamy layer.

So here your father is group D employee plus he is retired.

So in short, you are eligible for non creamy layer obc benefits.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Yes since father was a group D worker you will get the benefit of OBC NCL further since the equivalence of the post in PSU is done the salary that is income wont be criteria for OBC NCL, the board and executive members of PSU will be only creamy layer.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

There are two checks for non creamy layer when is the salary and another is employment grade but this does not include the agricultural income as your father's income is more than 8 lacs so you are coming in the creamy layer and may not be able to get this reservation benefit

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Sir

It is settled law that income limit is not criteria but status is creteria. Since your father retired as a D group employee as such you are entitled for such certificates. The relevant law is as follows:

EQUIVALENT POSTS FOR OBC CREAMY LAYER.. PLEASE VISIT FOLLOWING LINK CAREFULLY

http://www.ncbc.nic.in/Writereaddata/Supplementary%20Creamy%20Layer%20Report%20241115%20final%20at%20430PM%20Corrected%20by%[deleted]%20page%20no[deleted].pdf

Dear Sir,

Income of your parents only will be calculated. Thus you can get the certificate.

The government will consider the parents’ status to determine “creamy layer” instead of status of the candidate applying for the job. In case of women candidates, too, the parents’ status will be considered and not the husband’s status.

Validity period

http://document.ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36036_2_2013-Estt.Res-I-31032016.pdf

Please note that there is no validity period of OBC-NC Certificates.

The Department of Personnel & Training, clarified its position Govt. of India vide OM No. 36033/4/97-Estt.(Res.) dt. 25th July 2003.

It is only a misconception that there is a validity period of OBC-NC Certificate.

Thus OBC-NC Certificate is absolutely valid even if issued for more than 3 years ago but with a self - declaration given by the Candidate as per the format mentioned in the OM.

Find the link to the DoPT OM:

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36033_4_97_01April2005.htm

How do I calculate the gross income of my parents (who are government employees) to determine whether I belong to non-creamy layer or not in order to get the OBC reservation?

According to Para 10 of No. 36033/5/2004 - Estt. (Res.) which is a clarification issues to all state chief secretaries regarding clarification on OBC Creamy layer, income from Salaries and Agriculture should not be considered for calculating the gross income. Only the income apart from salaries and agriculture are to be considered.

The para 9 & 10 states as follow:

9. Creamy layer status of sons and daughters of persons employed in organizations 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 salari"es and agricultural land] exceeds the limit of Rs.8 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. 8 lakh per annum and income from other sources is also Jess than Rs.8 lakh per annum will not be treated as falling in creamy lay r even if the sum of the income from salaries and the income from the other sources is more than Rs.8 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.

10. In regard to clause (x) of para 4, it is clarified that while applying the Income/Wealth Test to determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs. '8 lakh per annum, income from agricultural land is more than Rs. 8 Jakh per annum> but income from other sources is less than Rs. 8 lakh per annum> the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth Test provided his parent(s) do not possess wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years.

________________________________________

So, if your parents do not belong to higher class jobs, if they have income less than 6 lakh(%% Got revised in 2013) from sources other than salaries and agriculture and their wealth is within the limit , then u are eligible for non creamy layer benefits

Misinterpretation

Most of the people in India misunderstand the concept of creamy layer. Following are some key points that usually misunderstood by the people.

1. The creamy layer category of the candidate will be decided based on the parent’s post/income but not by the candidate’s self post/income.

2. Eligibility regarding a government servants is only based on the level he/she is in, but not by the salary they earn.

3. Rs. 800000 criteria will be applied only to business people but not to salaried people even if he/she is a salaried employee in the government/PSU/private organizations.

4. Business people’s children will fall under the creamy layer only if they earn Rs. 450000 for a period of three consecutive years.[4]

Supreme Court of India

Union Of India vs Rakesh Kumar & Ors on 12 January, 2010

Author: K Balakrishnan

Bench: P. Sathasivam, J.M. Panchal

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE HURISDICTION

============================================================

‘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

http://ncbc.nic.in/Writereaddata/[deleted]Creamy%20layer%202017%20RI%20DKPandey.pdf

Clarification by UPSC

http://www.upsc.gov.in/sites/default/files/Clarification_CreamyLayerOBC_28072015_New.pdf

EQUVALANCE OF POSTS GOVT OF INDIA

http://pib.nic.in/newsite/PrintRelease.aspx?relid=170348

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.

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
4952 Answers
27 Consultations

4.8 on 5.0

Since your father was PSU employee earning more than Rs 8 lakhs for 3 consecutive years you would not be eligible for OBC NL status

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Hi,

In present conditions, you may not fall under creamy layer.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Sir, don't confuse there is Rs.8 Lac per annum, so go through by this way not by months.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Last 3 years gross income of your parents is more than 8 lakhs you woukd fall under creamy layer

You can claim benefit of reservation for govt jobs more than once

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

You are not eligible for OBC Non Creamy Layer certificate with an annual income morethan Rs 8 Lakhs. Those who are above Rs 8 Lakhs income per year are not eligible for the OBC non creamy layer certificate or benefits

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Income is calculated last 3 consecutive years. And once you have to show for job application.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Sir since he is PSU emoployee post will be considered on retirement also not the income it is not from other source then the pension or salary. Yes you can use it every time you give exam even after you are selected in one exam.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi,

You may use the certificate for any number of times.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Dear don't confuse again please see the income of the family(What comes under the Head of income meaning thereby earnings of the family if parents income is there and they comes under Definition of the Family).

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Since your father was a group D employee in the PSU and his equivalent cadre in government shall be class IV, his wards are eligible for OBC NCL category concession provided by the government .

The salary income is not taken into account for computing the annual income of the family.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

My father retired in May 2017. So, 1 year and 5 months are over. How in income/ wealth test, salary of my father is calculated and whether 8 lakhs barrier is achieved or not .Also, I have one query that how many times I can use the benefits of obc NCL if I used it once in case of job?

The salary income is not taken into consideration while computing the annual income of the family for this purpose, hence his wards are eligible to gt the certificate under OBC NCL category.

The certificate is valid for one year from the date of issue.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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