• Doubt regarding non creamy layer status

My father is retired class 3 employee. My family income due to his pension exceed 8 lakhs. Am i eligible for non creamy layer certificate?
Asked 7 years ago in Civil Law

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14 Answers

No you are not eligible if income for last three consecutive years exceeds 8 lakh.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

you are eligible for OBC NL certificate 

 

2) your father was working as class 3 employee hence you would fall under non creamy layer 

 

3) your father income is immaterial 

Ajay Sethi
Advocate, Mumbai
99946 Answers
8158 Consultations

Father is class 3 retired employee of gocernment then his pension shall not be considered for same only post shall be considered and for that you shall get NCL benifit..

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If you father is retired person than It does not come under salary income, so You will be eligible for non creamy layer status.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

if you apply under economic weaker section your parents income should not be more than Rs 8 lakhs 

Ajay Sethi
Advocate, Mumbai
99946 Answers
8158 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
19364 Answers
32 Consultations

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

Income from salary of class 3 employee shall not taken in account to examine OBC status.

But not in Economic weaker section reservation

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Yes you are eligible. Salary and agricultural income is exempt from 8 lakhs bar

Prashant Nayak
Advocate, Mumbai
34636 Answers
249 Consultations

No this is criteria for other backward caste(OBC)

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No as you said that your family annual income exceeds Rs 8 Lacs

Deepankar Kataria
Advocate, Delhi
194 Answers

If your family income exceeds Rupees 800000 what is the limit for non creamy layer in the last three financial years continuously then you are out of the non creamy layer

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

The salary income is not taken into consideration for computing the annual income of the family to determine the NCL status for OBC candidates, thus this will continue even after his retirement.

Therefore you are eligible for this concession if other ion come do not exceed Rs. 8 lakhs.

 

T Kalaiselvan
Advocate, Vellore
90148 Answers
2504 Consultations

EWS is a different concession and the eligibility criteria for tha is given separately do not mingle the OBC NCL category to that of the EWS. 

T Kalaiselvan
Advocate, Vellore
90148 Answers
2504 Consultations

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