• Regarding non creamy layer

Hi Sir, 

I am in a bit confusion regarding the staus of my non-creamy layer. My father joined in electricity board in 1970 as a typist andnattainednthe class-1 position before retirement of 6months i.e at the age of 57 years and he is getting pension more than 8 lacks. May I know whether I am eligible for non creamy layer status of once or not. In their department classification is there. 

Thanks and regards, 
Saikumar
Asked 6 years ago in Civil Law

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10 Answers

You are entitled to benefit of OBC NL as your father was recruited as class 3 employee and till age of 40 did not get promoted to class 1 officer 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

See if father is class one officer employee then you won't be eligible for NCL.even after his retirement as he is.government salaried person the income.wont be criteria the post will be.


See if your father was promoted after age of 40 then in that case you will get the benifit , for state government employees the income is not the criteria.

Only the below mentioned post of person covered under OBC creamy layer rest all shall get benifit of NCL if there is no income from other sources more then 8 lakh:

Who are covered under Creamy layer of OBC Quota

(I) V.V.I.Ps.- President, Vice-President, Judges of the Supreme Court and of the High Courts etc.

(II) Government or PSU employees of Central or State-

(i) parents, either of whom is a Class I officer (direct recruits)

(ii) parents, both of whom are Class II officers (direct recruits)

(iii) parents of whom only the father is a direct Class II officer and he gets into Class I at the age of 40 or earlier.

(III) In military, parents, either of whom is in the rank of Colonel and above.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You are covered in the creamy layer as your family income is more than 800000 rupees you cannot take benefit of non creamy layer

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

  1. Yes, there is a department classification also, but the main emphasis is been given on the parents annual income which has been raised to 8 Lakhs now.
  2. This is the amount which is taken after addicting the income of the both the parents, if earning.
  3. So, in your case, you may not be able to fit yourself into the group of NCL beneficiaries.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Pension income is calculated if it crosses above 8 lacs rupees.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 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
19328 Answers
32 Consultations

NO,

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Since your father joined as a typist  in the organisation and did not get his officer promotion before 40 years of age, he is eligible for OBC NCL category reservation for his wards.

The salary income or the pension income is not  criteria for deciding this status.

You can very well apply under this category.

 

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

Yes you are eligibility for the same

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

As the income of your family is more then Rs.8 Lacs so you are not under NCL. Departmental classification is not required. 

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

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