the income must be below 8 lakhs. no father's status here does not matter.
regards
Non Creamy layer certificate in case of divorce
My parents (both obc) are divorced since 2012 and i am living in custody of my mother Mother : govt school teacher in senior secondary school with salary > 9 lakh. Will retire in 1 year. Father was research officer in some govt Ayush hospital 1. Will father's status ( class 2)or income considered for giving non creamy layer certificate? 2. Am i eligible for non creamy layer certificate?
Asked 7 years ago in Labour
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13 Answers
Creamy layer income cap for OBCs raised to Rs 8 lakh per annum. The Social Justice and Empowerment Ministry had proposed that OBC families which earn more than Rs 8 lakh per year should be under the creamy layer category.
Only your mother's income would be considered in your case and father's income has no bearing.
What is your mother's exact income?
Is salary of mother (a government school teacher) included in income ?
Asked 7 years ago
Yes the salary of a single parent shall be included.
Yes. It would be included in the income.
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.
your mother is govt teacher , father research officer in govt hospital
2) your parents salary is immaterial
3) you would be entitled to OBC NL certificate
Your mother salary is immaterial
1) Yes, both parents will be treated as income while providing OBC NCL certificate. So you will be not entitled to get OBC NCL certificate.
Your father's status can be claimed for this privilege.
If you are otherwise eligible as per your father's status then you can apply for it on that basis.
Actually divorce between them cannot be cited as a reason for claiming father's status alone, but since your mother is also not classified as group 1, you will be eligible on the basis of father's status.
1. If they are separated legally then no, if not then yes.
2. Still no.
Dear Client,
Even mother income is exceeding income limit. And for OBC NC status, both parents income taken into account.
salary is no bar. you are eligible for the same.
Non creamy layer for govt employees.
The OBC Non creamy layer for the kids of government employee is decided on two factors : By post or by class
If anyone of, father or mother are direct recruited class 1 servants than their children won't be eligible for NCL. But if he/she is promoted to class 1 then the kids will be eligible If both of the parents are class 2 than their kids won't be eligible for OBC quota but if only one of them is than the kids would be off from creamy layer and they can avail benefits of quota If father was recruited direct to class 2 position and than promoted to the class 1 before age of 40 then it would be no longer NCL. However this scenario only applies to father not the mother
The government servants who doesn't fall under this category are all non-creamy layer.
Dear Sir,
Kindly read the following to get a clear answer-
The Government of India has developed norms for leaving some socially advanced persons/sections with the benefits of reservation available for OBC in civilian posts and services under the Government of India and it is called "creamy layer norm". According to the report given by National Commission for Backward Classes, following individuals are covered under creamy layer of OBC quota:-
I. President, Vice President, Supreme Court Judge and High Court etc.
II. Central or state government or PSU employees-
(i) Parents, of whom there is no class I officer (direct recruitment).
(ii) Parents, both of whom are Class II Officers (Direct recruitment).
(iii) Parents whose parents are only direct second-class officers and they are enrolled in class 1 at the age of 40 years or so.
III. In the army, parents, none of whom are in the rank of Colonel and above.
IV. Persons engaged in profession, business and industry, whose annual income for the last three years is Rs. 4.50 lakh per year.
V. Families have agricultural land.
(i) 'irrigated land', more than 85% of the legal roof area, or
(ii) rule of exclusion will not apply if the land acquisition of the family is particularly irregular.
VI. Total gross annual income of Rs. Excluding income from wages and agricultural land, Rs. 4.50 lakhs per year or more for the period of last three years.
Special Note:
1) For above mentioned rule number (IV) and (VI) annual income limit of Rs. 4.50 lakh (Office memorandum dated 1410/2008).
2) Important creamy back explanation by the Ministry of Personnel (Office memorandum dated 14.10.2004) by the Government of India –
i. In order to determine the creamy layer position of any candidate given in Category 6 of the schedule of Office memorandum, income from salary and income from agricultural land will not be taken into account.
ii. The creamy layer position of the candidate is determined on the status of his parents (father-mother), not on the basis of his position or income or on the basis of status or income or on the basis or position or his Income of spouse. Therefore, when determining the creamy layer position of a person, the position or income of the candidate or his spouse will not be kept in mind.
3) There is no column to show 'wage income' or 'agricultural income' in the application format prescribed by the Government of India produced in Tehsil for obtaining Central OBC Caste Certificate.
4) Central creamy layer criteria according to DT. 08.09.1993-
(a) For above mentioned Rule (II) (ii), if the parent, of which there is no direct Class II officer or parent, none of them is Direct Class II officer and the second Class III is the employee or the parent, in which Both the classes are from third employees, the candidate will not be considered as a creamy layer and in spite of any wage income, the OBC will be eligible for reservation.
(b) Rule (iii) (iii), If the parents whose parents are only Direct Class III employees and are enrolled in class 1 at the age of 40 years or earlier, the candidate will not be considered as creamy layer and They will be eligible for OBC reservation despite any salary income.
