• Question regarding non creamy layer status

My father retired from a public sector bank at the post of assistant manager grade 1 in 2017. He was employed in 1979 at the post of clerk. He was promoted in 2015 from post of clerk to assistant manager(@ age 57). His salary at the time of retirement was more than 8 lakhs. His current income due to pension is less then 8 lakhs. My mother is home maker and does not have any source of income. Am i eligible to enjoy benifits of OBC reservation or i will fall in creamy layer category.
Asked 4 months ago in Constitutional Law from Mumbai, Maharashtra

Not at present but in year 2020-21 if pension income not exceed 8 lacs, you will consider under non creamy, 

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

you are entitled to non creamy layer certificate as your father was hired as clerk and promoted to scale 1 after age of 40 years 

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

The criteria of availing the benefits of OBC Non-creamy layer is to have the total family income to be below 8 lac rupees.


In your case the amount of money you are getting is less than 8 lac rupees. Hence, You'll be eligible to get the status of OBC Non-Creamy layer and would be enjoying reservation under the same.


Thank you,



Harshad Joshi
Advocate, Ahmedabad
8 Answers

Not rated

See since your father retired from Public sector bank the equivalence of post in same has been done therefore the post will be criteria income is not criteria therefore you will be entitled to the benefit. 

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

Yes you can file for NCL status in the above case

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

You will be eligible for OBC NCL certificate because your father was promoted to grade 1 after the age of 40 years.

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

Since your father joined the bank as a clerk and got promoted after the age of 40 years of age, he is eligible for OBC NCL category reservation.

The salary income is not taken into consideration for computing the annual income of the family.

The same status of his employment will continue even in his  retirement status.

You are eligible to apply for the benefits available in this category.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0


In which year did his retirement took place? 



In light of the limited facts told by you it seems that you will be eligible for the reservation 

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 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
10261 Answers
3 Consultations

4.5 on 5.0

Dear client 

I'm case of govt employees the person who is above grade 1 officer will not be eligible for Non creamy layer certificate even if his Income is below 8 lakhs. 

So you will not be able to get NC layer Certificate

Mohit Kapoor
Advocate, Rohtak
3598 Answers
1 Consultation

5.0 on 5.0

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