Sir,
Please search for the relevant Gazette notification regarding creamy and non creamy layer .
It will certainly help you to ascertain.
OBC non-creamy layer
Sir,My Father is working as Teacher in Aided School as School Assistant post in Andhra Pradesh. He earns more than 8 lakhs per annum,Can I come under OBC Non Creamy layer or not? But I saw in the OBC Non Creamy layer document that Income from salaries and agricultural land are exempted?Does it applies for me or not? Kindly Please Clarify me about these.
Asked 7 years ago in Labour
14 Answers
1) If your father's income is more than 8 lacs rupees for three consecutive years than you comes under OBC creamy layer category.
does your father fall in group A or B or C
2) if your father is not group A employee you would not fall under creamy layer
3) i presume your mother is not working and your father was not promoted to group A before 40
4) father income would be immaterial
INCOME of the family for the consequent year should not be more then Rs.8 lac is the criteria for the purpose so you are not eligible.
Sir,My Mother is not working and Firstly my Father joined as Group C Employee and later he promoted to Group B before 40 years and Still he is working as Group B Employee and earns more than 8 lakhs per annum and there is no other source of income other than Father's Salary.
Asked 7 years ago
you would fall under OBC NL
your father income is immaterial
JI, things mentioned have nothing to do with.
Sir,Thank you But When I asked for OBC Non Creamy layer Certificate at Tahasildhar Office after seeing my father salary slip they are saying your income is more than 8 lakhs per annum .So,you will fall under OBC Creamy layer. Sir, Can you please tell me What is the solution for these?
Asked 7 years ago
ask tehsildar to give in writing that you are not entitled to OBC NL certificate
2)draw attention to tehsildar to OM of 8/9/1993
s per the Central creamy layer criterion II & III dated 08.09.1993 only the sons and daughter of following “government servants” will be treated as creamy-layer.
(i) Parents, either of whom is a Group-A officer. (Direct Recruitment)
(ii) Parents, both of whom are Group-B officers. (Direct Recruitment)
(iii) Parents of whom only the father is a Group-B officer and he gets into Group-A at the age of 40 or earlier.
3) in your case father was promoted to group B before 40 years hence you fall under non creamy layer
4) for govt servants status is considered not income
As this is settled principal so nothing can be done.
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
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.
Yes income from salaries and agricultural income is not included and you are eligible for the creamy layer
Since your father is considered as a government employee, his salary income shall be excluded from computing the annual income of the family hence the salary income of more than Rs.8 lakhs is not a cause of concern.
Salary income is exempted from the annual income of family for this purpose.
You are eligible for OBC NCL category reservation.
Since he is not promoted to Class A or Group A post before the age of 40 years he is eligible for this NCL category concession.
The Tahsildar is not the final authority to decide about this.
Generally such officers are under misconception about this. They do not go through the rules properly in this regard.
You may ask him to give it in writing after which you can prefer an appeal against this order before the collector where your will get proper relief.