• OBC Non creamy layer status

My father is a group C employee in chhattisgarh Government and his annual income more than 8 Lakh from salary and No other income, then am i eligible for Non creamy layer status.kindly provide memorandum issued by government or any judgement of court.
Asked 4 years ago in Civil Law

4 answers received in 10 minutes.

Lawyers are available now to answer your questions.

12 Answers

your father income is immaterial as he is only group C employee

you would be eligible for OBC NL certificate

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Hello,

you may download the GO from the following link:

https://drive.google.com/open?id=0BycMy4n25_YETVdxN043Z0l6R1NsX2NIUXR5X3VQb3BKTFNN

Please tell as to in which year your father was promoted and what was the age of your father at the time of promotion etc.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 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 NCL as your parents at age of 40 were not group A employee

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

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

you will be eligible for OBC NCL as for government employees post is considered not the salary so only group B in certain cases and group A direct recruits are only in the catergory of cremay layer.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

http://www.ncbc.nic.in/User_Panel/UserView.aspx?TypeID=1172

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 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

Considering the parent’s income, it is divided into Creamy and Non-Creamy Layer. If the income is above 8 lakh, the person will come under the Creamy Layer. If the income is below 8 lakhs, the person will come under Non-Creamy Layer.

The following are eligibility criteria for obtaining Non-Creamy Layer Certificate.

Only people belonging to non-creamy layer can apply for this certificate.

If both parents or anyone of the parent is working under Group C and D of the Central Government and parents working under Group II, III and IV of the State Government then he/she is eligible to apply for this certificate.

If a person is working under Group B of the Central Government or Group I of the State Government then he/she is eligible provided that his/her parents do not receive any kind of income, then the person can apply for OBC.

If the Husband is working under Central Government, his wife is eligible to apply for OBC certificate provided that the wife’s parents do not receive any kind of income.

The people who are not eligible to apply for this certificate are as follows.

Certain castes that come under BC and MBC that are not added to the Central Government’s OBC category cannot apply for this certificate.

Parents who are employed under Group A services like IPS, IAS, and IFS are not eligible to apply for this certificate.

If the applicant’s parents are working under Group B and C of the Central Government and parents working under Group 1 of the State Government then he/she is not eligible to apply for this certificate.

If the applicant’s parents’ income exceeds 8 lakhs, they are not eligible to apply for this certificate.

If the applicant’s parents work under private sectors as a business person, lawyer, doctor, engineer and if their income in more than 8 lakh per year, then they are not eligible to apply for this certificate.

Application Procedure

The applicant has to buy Rs. 20 Stamp Paper and an affidavit from the Notary Public Advocate and should attach the required documents along with this. All these documents have to be signed by the parent or guardian of the applicant and then it should be submitted to the VAO. Then all these documents have to be signed by the VAO, RI and the Tahsildar.

Documents Required

The copies of the following documents are required.

Community certificate.

School Leaving Certificate.

Ration Card.

Income Certificate.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

You are eligible for OBC NCL certificate on position based. Plus your father's income should not be more than 8 lacs rupees for 3 consecutive years.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

No. 36033/1/2013-Estt. (Res.)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel &Training

North Block, New Delhi,

Dated: September 13, 2017

OFFICE MEMORANDUM

Subject: Revision of income criteria to exclude socially advanced persons/sections

(Creamy Layer) from the purview of reservation for Other Backward Classes

(OBCs)-reg.

The undersigned is directed to invite attention to this Department's Office

Memorandum No. 36012/22/93-Estt. (SCT) dated 8 th September, 1993 which, inter-alia,

provided that sons and daughters of persons having gross annual income of 1 lakh or

above for a period of three consecutive years would fall within the creamy layer and

would not be entitled to get the benefit of reservation available to the Other Backward

Classes. The aforesaid limit of income for determining the creamy layer status was

subsequently raised to 2.5 lakh, 4.5 lakh and 6 lakh vide this Department's OM No.

36033/3/2004-Estt. (Res.) dated 09.03.2004, OM No. 36033/3/2004-Estt. (Res.) dated

14.10.2008 and OM No. 36033/1/2013-Estt. (Res.) dated 27.05.2013 respectively.

2. It has now been decided to raise the income limit from 6 lakh to 8 lakh per

annum for determining the creamy layer amongst the Other Backward Classes.

Accordingly, the expression "! 6 lakh" under Category VI in the Schedule to this

Department's aforesaid O.M. dated 8 th September, 1993 would be substituted by "' 8

lakh".

3. The provisions of this office memorandum have effect from 1 stSeptember, 2017.

4. All the Ministries/Departments are requested to bring the contents of this office

memorandum to the notice of all concerned.

(Debabrata Das)

Under Secretary to the Government of India

Ph: 2304 0279

To:

1. All the Ministries/Departments of the Government of India.

2. Department of Financial Services, New Deihi.

3. Department of Public Enterprises, New Delhi.

4. Railway Board, New Delhi.

5. Union Public Service Commission/Supreme Court of India/Election Commission

of India/Lok Sabha Secretariat/Rajya Sabha Secretariat/Cabinet Secretariat/Central

Vigilance Commission/President's Secretariat/Prime Minister's Office/Niti Aayog.

6. Staff Selection Commission, CGO Complex, Lodhi Road, New Delhi.

7. Ministry of Social Justice & Empowerment, Shastri Bhawan, New Delhi.

-2-

8. National Commission for Scheduled Castes/National Commission for Scheduled

Tribes, Lok Nayak Bhawan, New Delhi.

9. National Commission for Backward Classes, Trikoot-1, Bhikaji Cama Place, R.K.

Puram, New Delhi.

10. Office of the Comptroller and Auditor General of India, 10 Bahadur Shah Jafar

Marg, New Delhi-110002.

11. Director General, Press Information Bureau, National Media Centre, 7E Raisina

Road, New Delhi — with a request to give wide publicity to this OM

12. The NIC, DoPT with a request to upload it at the website of this Department in

OMs &Orders > Estt. (Res.) > SC/ST/OBC and in 'What's New'

Copies forwarded to:

The Chief Secretaries of all the States/Union Territories for information and

necessary action.

(Debabrata Das)

Under Secretary to the Government of India

Hence you are out of bound.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

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.

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

Since your father is a Gp 'C' employee, you are eligible for the concessions provided for OBC NCL Category candidates.

Salary income is not taken into consideration for computing the annual income of the family.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

I have read for my question Memorandum issued by government in September 1993 but i not got answer for my question

What anser do you want?

With the given information you are given an opinion that you are eligible for OBC NCL Category privileges.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

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