• Am i eligible to under obc ncl ?

Hello Sir. My father joined Karnataka Electricity Board as a Group B officer and was promoted to Group A after the age of 40 and he got retired in 2011. Also, his pension income has was below 8 lakh for FY 2017-2018, but it crossed 8 lakh for FY 2018-2019. My question is, will salary , agricultural income (we have lands) and other sources income be clubbed together since he is retired now. ?
Asked 5 years ago in Constitutional Law

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11 Answers

last 3 years gross income is considered 

 

2) for 2 years it is below Rs 8 lakhs hence you would be eligible for OBC NL 

 

3) further your father joined as grop B and mother was not working . you would be eligible for non creamy layer certificate 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7560 Consultations

5.0 on 5.0

Having promoted to a group-A post after the age of 40, you are entitled to claim obc ncl status. The entry cadre while your father was in service, is to be considered for creamy layer status. Pension amount will not be considered. Hence, the fact that your father's pension exceeded 8 lakh for FY 2018-2019, will not disturb your ncl status.

Salary and agricultural income are not to be considered as income for calculating annual income for creamy layer status. As far as the Government employees are considered, the entry cadre/post is to be taken in to consideration. Thus, even post retirement, Salary and agricultural income are immaterial for determining your ncl status.

Vibhanshu Srivastava
Advocate, Lucknow
9601 Answers
303 Consultations

5.0 on 5.0

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
4952 Answers
27 Consultations

4.8 on 5.0

No the income from the pension will be counted in order to decide whether you come within the onc ncl or not. If it is above 8 lakhs....you come under the obc ncl category.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Client,

All heads will count to calculate income. Salary and agriculture income is excluded for group 3 & 4 employees. And last three years income should be more than 8 lacs.

Yogendra Singh Rajawat
Advocate, Jaipur
22662 Answers
31 Consultations

4.4 on 5.0

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
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

Whatever mentioned in IT returns will be taken as your father’s income as such you will be bind by such IT returns declarations.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

See his salary shall/pension/agriculture income shall not be considered only post shall be considered though if income from other sources is more then 8 lakh then in that case you wont be eligible for obc NCL otherwise you are eligible. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You are eligible for the NCL facility the income from agriculture and salary is not included in the computation.

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

No you are not eligible for non creamy layer benefit as your family income is more than 800000 rupees the income of rupees 800000 is considered consequently for 3 years

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Since he joined as Gp B officer but was promoted to Gp A after 40 years of age, he is eligible for the privilege under the OBC NCL category.

Salary income and income from agricultural sources are not taken into consideration while computing annual income of the family.  

T Kalaiselvan
Advocate, Vellore
85023 Answers
2210 Consultations

5.0 on 5.0

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