• OBC non-creamy layer

Hello, my father is currently deputed in NSG(national security guard) in the rank of team commander. He comes in the category of class 1 officer but he got promoted from class 2 officer/group b to class 1/group A officer after the age of 40. I wanted to ask if I come under the category of non creamy layer or creamy layer . OR the annual income will be considered. (although the salary is above 8 Lakh per annum) please solve my query as which of the criteria will be considered.
Asked 7 years ago in Constitutional Law

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12 Answers

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

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

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You woukd fall under OBC NL as your father got promoted to class 1 officer after age of 40 

 

2) your father income is immaterial 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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
19325 Answers
32 Consultations

1) You come under creamy layer category.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See the post will be considered as NSG is governmental body and income shall not be considered so in case he was promoted to class one after the 40 years of age then you are eligible for NCL.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes he comes under OBC NCL as he is promoted and not directly posted.

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.

 

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear client, 

40 years bar is for direct recruit in class B than promoted to A before 40. Income will consider in your case. Creme layer.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Even though your father was recruited as Class II officer but he was promoted to Class I post after completion of the age of 40 years, hence you will be eligible to claim concession under OBC NCL category.

Salary income is not a criteria and it will not be considered to compute the annual family income.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Based on the facts above since your father was promoted after 40 years and he was not direct recruit you will eligible.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) you would been entitled to OBC NL certificate as your father was promoted to group A after age of 40 years 

 

2) your father income is immaterial 

 

3) your father status is considered and not income 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You are in NCL as income from salaries and agricultural income is exempted while computation of the 8 lakhs ceiling.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Since your father joined as a class II officer and got promoted to class I officer after the age of 40 years, he is eligible for OBC non creamy layer reservation/concession.

Salary income is not considered as income for computing annual income of the family  for the income limit.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

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