Hi, My father works in a PSU bank .He was recruited as a clerk in 1987. At the age of 39 he was promoted to scale 1 officer. Now he is a scale 2 officer. My query is - Can I take the benefit of OBC NCL reservation? Has the government declared equivalence of posts for banks? Thanks Yours sincerely Utkarsh Singh
You will get the benifit of the OBC NCL.
The equivalence of post is done in 2017 by government of India in PSU please find link below.
https://financialservices.gov.in/circulars/establishing-equivalence-posts-psus-banks-insurance-institutions-posts-government
1) Yes, you're eligible for OBC NCL certificate.
Take out the PA income of your father which should not be more then Rs.8 Lac if it is so, you can't enjoy the benefit otherwise you can.
Yes you can.
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.
You would be entitled to benefit of OBC NL as your father joined as clerk class 3
2) clerks , peons who join PSB and are promoted as scale 1 before 40 woukd not fall under creamy layer
also one more question - Will my father's salary ( around 10 lakhs) be included for income test(8 lac limit)? Thanks
August 2017, the Madras HC had ruled that if salary of
.. parents employed in government is not a criteria for assessi .. assessing “creamy layer”, the salary of a PSU employee “as a .. as a test for identifying creamy layer brings in the element of discrimination
hence your parents salary is immaterial in deterring OBC NL certificate . Only status is to be considered and not income
you would fall under non cremay layer
If you are in his family then of course.
No for an employee of PSU after equivalence income shall not be considered only the post.
The equivalence posts in the PSU banks have not been declared yet.
Your father should not have been recruited as a Group I officer or should not have been recruited as a Group II officer and gotten promoted as a Group I officer before the age of 40.
As per rules for psu/bank /insurance employees , equivalent post /position will be determined vis- a vis central/state govt,pending the evaluation of the posts on equivalent or comparable basis in these institutions.
For the present you may apply for OBC certificate, let the authorities decide because now you are eligible for the said concession.
The salary income is not taken into consideration while computing the annual income of the family which should not exceed Rs. 8 lakh per annum for the last three consecutive years.
Non creamy layer for OBC
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
Criteria for Non Creamy Layer
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.The annual income of the parents that includes salaries as well as income from other sources should not exceed Rs. 8 Lakhs.None of the parents of the recipient should be a Group A / Class I Officer under the Central / State Government.None of the parents of the recipient should belong to any service in any PSU, Bank, Insurance Company, Educational Institution or in private employment, comparable with Group A / Class I service under Central / State Government or holds any Constitutional post.The person will be treated as belonging to non-creamy layer if none or only one of the parents is a Group B / Class II Officer under Central / State Government.The person will be treated as the non-creamy layer, if none or only one of the parents belong to any service in any PSU, Bank, Insurance Company, Educational Institution or in private employment, comparable with Group B / Class II service under Central / State Government.A person will not come under the non-creamy layer if parents of whom only the father is a Group-B officer gets into Group-A at the age of 40 or earlier.For government employees, only their cadre in the office is the criterion for non-creamy layer status and not the income limit. All other government servants who are having income greater than 8 lakhs are still eligible for the OBC non-creamy layer certificates if they fall under class 3 cadre under Central or State Government.
Mandatory Documents
Identity Proof- Voter ID card/ Passport/ Aadhar CardAddress proof- Electricity Bill/ Water BillProof of caste for self – School leaving certificate mentioning caste / Bonafide certificate (mentioning caste) issued by school / self-attested Xerox of caste certificate / If uneducated birth registration extract / Caste and residence certificate issued by Sarpanch/Local Police/CorporatorIncome proof – Income tax return for last 3 financial years, if the applicant is salaried or self-employed or businessman /Affidavit mentioning income for last 3 years / Income certificate from Tahsildar for 3 years, if the applicant is farmer or labourerAffidavit for caste
Additional Documents to be Furnished
Property tax receiptIf proof of father’s caste is unavailable, a relative’s caste certificate and genealogical affidavit with details of relation to the relativeCaste certificate of applicant’s father issued by the competent authority in that state/district if the applicant has migrated from another district / state.In case of married women,Proof of caste before marriage, as prescribed in point no. 3Proof of marriage – marriage registration certificate and name change notification in GazetteIf the applicant is Muslim (either of the following documents may be submitted)An Investigation report of Tehsildar if his/her father’s caste certificate is not availableaste certificate issued by registered Muslim SocietiesProof of caste of a relative- Grandfather/Father/Brother/Sister/Uncle/Aunt or any other blood relationSchool leaving certificateBirth/death extractIf in Government service, extract of the first page of service bookDocument certifying caste issued by the department of social justice
Competent Authority
The Revenue Department is responsible for the issuance of Non-Creamy Layer Certificate (OBC Certificate) in Maharashtra. Concerned Tehsildar of the applicant’s district processes the application. The Sub-Divisional Officer is the authorised official for the approval or the rejection of the application for non-creamy layer certificate in Maharashtra. Additional Collector is the First Appellate Officer and Collector is the Second Appellate Officer.
Service Charge
In Maharashtra, the service charge for the issuance of Non-Creamy layer certificate falls within Rs. 50.
Processing Time
The certificate will be processed and issued within the time limit of 21 days from the date of application.
Validity
Non-Creamy Layer certificate does not have a fixed validity period. Currently, the certificate issued by the authority has the validity of 3 years from the date of issuance.
Application Procedure for Maharashtra Non-Creamy Layer Certificate
The individual desiring to obtain the Maharashtra non-creamy layer certificate can apply in either offline or online mode.
Offline Application Process
The applicant should visit the office of Sub-Divisional Officer to apply for the certificate. The application form should collect the application form from the office.
On Tue, Jan 29, 2019 at 4:02 PM Prashant Nayak <[deleted]> wrote:
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.
You will not get the benefit of OBC NCL
