• Obc creamy/non creamy layer

Sir/Madam

I belong to OBC CATEGORY, my mother is a headmistress in Zilla parishad high school with annual income of 10lakhs , but recruited initially as a school assistant.

From a known friend i came to know that except when your parent is directly recruited as a 
Group 1/Group 2 employee , one will be treated as a NON CREAMY LAYER irrespective of above 6 lakhs criteria. I'm in a serious dilemma whether to opt for creamy or non creamy layer for applying to government jobs.


P.S: My father is no more,he passed away during my 12th class. 

Kindly let me know whether I belong to Creamy or Non creamy layer under OBC.
Asked 10 months ago in Labour from Chittoor, Andhra Pradesh

Yes income is not relevant if she joined as lower class employee. You can take the obc facility

Prashant Nayak
Advocate, Mumbai
13803 Answers
23 Consultations

4.6 on 5.0

1) your mother was recruited as class 3 employee and if not promoted to group 1 by age of 40 you would fall under OBC NL 

 

2) your mother income is immaterial . creamy layer is determined by status and not income for govt employees 

Ajay Sethi
Advocate, Mumbai
68147 Answers
4114 Consultations

5.0 on 5.0

OBC Creamy layer : Who has yearly income more than 8 lakhs or Government Employees of greater than class 3 are not eligible for OBC Quota. 

OBC Non-Creamy layer : Who has a yearly income below 8 lakhs or Government Employees of Class 3 or below class 3 officers are eligible for OBC Quota.

 

Mohammed Mujeeb
Advocate, Hyderabad
11053 Answers
4 Consultations

4.5 on 5.0

Dear Client,

IF your mother promoted to headmistress after 40 years of age, you comes under non creamy.

Yogendra Singh Rajawat
Advocate, Jaipur
14010 Answers
18 Consultations

4.6 on 5.0

See since your mother was not a direct recruit under class A or B you are eligible for OBC Non-creamy layer irrespective of her Income. For obc criteria for the creamy layer is 

Who are covered under Creamy layer of OBC Quota

(I) V.V.I.Ps.- President, Vice-President, Judges of the Supreme Court and of the High Courts etc.

(II) Government or PSU employees of Central or State-

(i) parents, either of whom is a Class I officer (direct recruits)

(ii) parents, both of whom are Class II officers (direct recruits)

(iii) 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.

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

Yes you would be under OBC Non-creamy layer and shall get benefit of same.

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

you would fall under OBC NL 

Ajay Sethi
Advocate, Mumbai
68147 Answers
4114 Consultations

5.0 on 5.0

Dear Sir,

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

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: 

Netravathi Kalaskar
Advocate, Bengaluru
3539 Answers
17 Consultations

5.0 on 5.0

Definitely non creamy.

Yogendra Singh Rajawat
Advocate, Jaipur
14010 Answers
18 Consultations

4.6 on 5.0

Dear,

     yes you come under non creamy layer as your mother promoted after 40 years of age.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

With the given information, you fall in the OBC NCL category and would be eligible for the privileges under this category.

You may apply for non creamy layer certificate based on this information, if the revenue department do not entertain then you may approach the District collector for intervention and relief.

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

She has been promoted to Group A category only after the age of 40 years, hence you are eligible for Non creamy layer category certificate.

You may proceed 

 

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

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