• Clarification on OBC non-creamy layer

Dear sir,

 I’m presently working in a central PSU and my annual income is above 10 lakhs.

My father got retried as Lance Naik from Army and mother is a home maker and their annul income (as pension) is below 8 lakhs only.

And my wife is in state Govt. service (TN) as a doctor and her annual income is above 8 lakhs.

Sir, please clarify whether I eligible to apply for Govt jobs under OBC-NCL or not. And also Please clarify whether my wife is eligible for reservation under OBC-NCL. Her parents annual income is below 8 lakhs only.

Pls. also clarify for my wife, whose status / income will be considered. whether her parents income or my income.

Kindly mark a copy of your reply to my email ID also.
Asked 4 years ago in Labour

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16 Answers

For whole life of a candidate, creamy layer status is determined by parent‟s (father, mother) status and never by status of self, husband, spouse or brother/ sister. Status or income of a “candidate” availing or applying for OBC reservation is never counted for creamy layer purpose.

So as of now you both are eligible for OBC NCL certificate.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You are not eligible for OBC Non Creamy Layer certificate with an annual income of Rs 10 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

See for you your income shall not be considered for calculation of NCL so you would be eligible for the NCL benefit as your father retired as lance Nayak and according to Dopt memorandum only I) In military, parents, either of whom is in the rank of Colonel and above are creamy layer income will not be criteria since he is/was government employee.

Further the father status will be for your wife her father is in services of business as for service income will not be considered post will be kindly clearify.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Parents income is considered self income and status is not considered for obc ncl clear judgement of SC.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

After marriage the status of the wife will be determined from the salary of husband

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If you are earning more than 8 lakh per annum since last three year then your income will be considered for determining your status.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You would fall under OBC NCL as your father was below the post of colonel in Army and retired as Lance Naik.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Only parents income, not own income is used to ascertain whether the person falls under the category of OBC NCL or not.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

You would be entitled to OBC NL certificate as your father retired from army as lance Naik

Your income and wife income is not considered for your OBC NL status

For wife OBC NL status her parents income would only be considered

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Eligibility is upon parents income and not your income or wife income

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

NCBC(National Commission For Backward Classes) Website and you will find there an official announcement PDF file from NCBC.

Only parents income are counted to issue certificate to any one.

To get OBC NCL certificate for your wife than you should not hold class I category position, if you're following in class I position than she will be not eligible for NCL certificate.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

As your family income is more than 8 lacs excluding the agricultural income you are in the creamy layer and you cannot get the benefit of the NCL.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

The following information may kindly be read.

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

Income of the Family is the answer so this depends on the income of the Family.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Your wife's OBC status will not extinguish after her marriage, therefore she can apply for OBC NCL certificate from her father's place.

Your employment status will not be considered for OBC NCL status, it is your father's status which shall be considered for this privilege.

T Kalaiselvan
Advocate, Vellore
78071 Answers
1543 Consultations

5.0 on 5.0

Pls clarify me again whether the eligibility under OBC-NCL reservation is based on one's self income / status or parent income / status. Two different answers from the advocates made me confused. If possible kindly provide me the legal notification for my issue which clarifies better.

OBC non creamy layer certificate is based on the candidate's parents ONLY. Marital status of the candidate is not relevant for OBC non creamy layer certificate.

The creamy layer status of a candidate is determined on the basis f the status of his parents and not on the basis of his own status or income or on the basis of status of income of his/her spouse

Therefore while determining the creamy layer status of a person, the status or the income of the candidate himself or of his/her spouse shall not be taken into account.

T Kalaiselvan
Advocate, Vellore
78071 Answers
1543 Consultations

5.0 on 5.0

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