See since your father was a government employee and was not direct recruit to class 1 or group A his income shall not be considered only post after retirement also , further your mother's income is less then 8 lakh you shall get NCL benifit
OBC – do I belong to OBC non-creamy layer?
My father is a retired state govt official who was promoted to group A after the age of 40. At present his pension is 6 lakhs per annum. My mother has income of 4 lakhs per annum. Do I belong to OBC non creamy layer? Thank you.
Asked 5 years ago in Family Law
Religion: Other
15 Answers
you would fall under OBC NL as your father was promoted to Group A after age of 40 years
Dear Cleint,
Aggregate amount is crossing income limit, creamy.
- Since, your father was promoted to group A after the age of 40 years , so you are eligible for OBC NL , but otherside your combind income from all sources is more than 8 lakh , hence you are not under the non creamy layer.
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.
Sir, My father is a retired state govt official promoted to group A at the age of 45. At present his pension is 6 lakhs per annum. My mother has a rental income of 4 lakhs per annum. So combined income of my parents is crossing 8 lakhs limit. What is your opinion, whether pension is considered as income or not? Do i belong to OBC NCL? Thank you.
Asked 5 years ago
your father status is considered and not income . since your father was promoted to class 1 after 40 years you would be eligible for OBC NL certificate
See for father only post shall be considered income shall not be considered and as of mother her income is less then 8 lakh so you shall get benifit of NCL.
No, pension should be not count as a income. So you are eligible for OBC NCL certificate.
Non creamy layer status depends on your parents’ income and property.
Income more than 8 lakhs not eligible for OBC NCL
Pension is taxable under the head Salaries in Income Tax Return, which is crossing income limit of parents.
employee who recruited through direct recruit in Group B and promoted to group A before 40 is prestige class which is excluded from non creamy from the beginning.
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
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
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%20no156
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.
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:
- 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.
- 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.
Yes you are eligible for the OBC non creamy layer facility
Yes you would fall under the category of OBC NCL category since your father got promoted to Class A post after the age of 40 years only.
If your mother is a government employee then her salary income will not be taken into consideration neither your father's pension income shall be taken for computing the annual income of the family.
Your father's pension income shall not be taken into consideration for computing the annual income of the family and since your mother's income is less than 8 lakhs, you will be eligible for certificate under OBC NCL category.