• About creamy layer

Sir
My father income was previously less than 8 lacs but it crossed 8 lacs in year 2018. Will i get benefit of non creamy layer. 
In 2016 it was 625000
In 2017 it was 770000
In 2018 it was 845000
Asked 14 days ago in Constitutional Law from Gaya, Bihar

You are eligible for NCL OBC Certificate.

Ganesh Kadam
Advocate, Pune
6807 Answers
53 Consultations

4.9 on 5.0

Hello, 

Other factors are also required to be considered i.e., on what post your father was appointed and in which all years was he promoted ? 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
16050 Answers
235 Consultations

5.0 on 5.0

As per the facts told by you, you are not eligible for the reservation. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
16050 Answers
235 Consultations

5.0 on 5.0

If he is govt employee and not a class one officer then yes else no.  If private employee then no. 

Non creamy layer for OBC


Non creamy layer for govt employees.

The OBC Non creamy layer for the kids of government employee is decided on two factors : By post or by class

 

Criteria for Non Creamy Layer

 

If anyone of, father or mother are direct recruited class 1 servants than their children won't be eligible for NCL. But if he/she is promoted to class 1 then the kids will be eligible If both of the parents are class 2 than their kids won't be eligible for OBC quota but if only one of them is than the kids would be off from creamy layer and they can avail benefits of quota If father was recruited direct to class 2 position and than promoted to the class 1 before age of 40 then it would be no longer NCL. However this scenario only applies to father not the mother.The government servants who doesn't fall under this category are all non-creamy layer.The annual income of the parents that includes salaries as well as income from other sources should not exceed Rs. 8 Lakhs.None of the parents of the recipient should be a Group A / Class I Officer under the Central / State Government.None of the parents of the recipient should belong to any service in any PSU, Bank, Insurance Company, Educational Institution or in private employment, comparable with Group A / Class I service under Central / State Government or holds any Constitutional post.The person will be treated as belonging to non-creamy layer if none or only one of the parents is a Group B / Class II Officer under Central / State Government.The person will be treated as the non-creamy layer, if none or only one of the parents belong to any service in any PSU, Bank, Insurance Company, Educational Institution or in private employment, comparable with Group B / Class II service under Central / State Government.A person will not come under the non-creamy layer if parents of whom only the father is a Group-B officer gets into Group-A at the age of 40 or earlier.For government employees, only their cadre in the office is the criterion for non-creamy layer status and not the income limit. All other government servants who are having income greater than 8 lakhs are still eligible for the OBC non-creamy layer certificates if they fall under class 3 cadre under Central or State Government.

Mandatory Documents

Identity Proof- Voter ID card/ Passport/ Aadhar CardAddress proof- Electricity Bill/ Water BillProof of caste for self – School leaving certificate mentioning caste / Bonafide certificate (mentioning caste) issued by school / self-attested Xerox of caste certificate / If uneducated birth registration extract / Caste and residence certificate issued by Sarpanch/Local Police/CorporatorIncome proof – Income tax return for last 3 financial years, if the applicant is salaried or self-employed or businessman /Affidavit mentioning income for last 3 years / Income certificate from Tahsildar for 3 years, if the applicant is farmer or labourerAffidavit for caste

Additional Documents to be Furnished

Property tax receiptIf proof of father’s caste is unavailable, a relative’s caste certificate and genealogical affidavit with details of relation to the relativeCaste certificate of applicant’s father issued by the competent authority in that state/district if the applicant has migrated from another district / state.In case of married women,Proof of caste before marriage, as prescribed in point no. 3Proof of marriage – marriage registration certificate and name change notification in GazetteIf the applicant is Muslim (either of the following documents may be submitted)An Investigation report of Tehsildar if his/her father’s caste certificate is not availableaste certificate issued by registered Muslim SocietiesProof of caste of a relative- Grandfather/Father/Brother/Sister/Uncle/Aunt or any other blood relationSchool leaving certificateBirth/death extractIf in Government service, extract of the first page of service bookDocument certifying caste issued by the department of social justice

Competent Authority

The Revenue Department is responsible for the issuance of Non-Creamy Layer Certificate (OBC Certificate) in Maharashtra. Concerned Tehsildar of the applicant’s district processes the application. The Sub-Divisional Officer is the authorised official for the approval or the rejection of the application for non-creamy layer certificate in Maharashtra. Additional Collector is the First Appellate Officer and Collector is the Second Appellate Officer.

Service Charge

In Maharashtra, the service charge for the issuance of Non-Creamy layer certificate falls within Rs. 50.

Processing Time

The certificate will be processed and issued within the time limit of 21 days from the date of application.

Validity

Non-Creamy Layer certificate does not have a fixed validity period. Currently, the certificate issued by the authority has the validity of 3 years from the date of issuance.

Application Procedure for Maharashtra Non-Creamy Layer Certificate

The individual desiring to obtain the Maharashtra non-creamy layer certificate can apply in either offline or online mode.

Offline Application Process

The applicant should visit the office of Sub-Divisional Officer to apply for the certificate. The application form should collect the application form from the office. 

Non creamy layer for govt employees.

The OBC Non creamy layer for the kids of government employee is decided on two factors : By post or by class


If anyone of, father or mother are direct recruited class 1 servants than their children won't be eligible for NCL. But if he/she is promoted to class 1 then the kids will be eligible If both of the parents are class 2 than their kids won't be eligible for OBC quota but if only one of them is than the kids would be off from creamy layer and they can avail benefits of quota If father was recruited direct to class 2 position and than promoted to the class 1 before age of 40 then it would be no longer NCL. However this scenario only applies to father not the mother


The government servants who doesn't fall under this category are all non-creamy layer.

 

 

 

Prashant Nayak
Advocate, Mumbai
9477 Answers
16 Consultations

4.8 on 5.0

If it is more than 8 Lakhs, You are not under creamy layer

G Suresh
Advocate, Chennai
387 Answers
3 Consultations

4.9 on 5.0

As the aggregate income of the last three years is less than 8 lacs, you will be eligible for non creamy layer certificate.

Siddharth Jain
Advocate, New Delhi
4382 Answers
45 Consultations

5.0 on 5.0

Under whom was your father employed?

Siddharth Jain
Advocate, New Delhi
4382 Answers
45 Consultations

5.0 on 5.0

You would get benefit of OBC NL as your father gross annual income in 2 of last 3 years was less than Rs 8 lakhs 

Ajay Sethi
Advocate, Mumbai
62786 Answers
3828 Consultations

5.0 on 5.0

You are entitled to benefit of OBC NL 

Ajay Sethi
Advocate, Mumbai
62786 Answers
3828 Consultations

5.0 on 5.0

As per the provision the consecutive income should be 8 or above 8 lakh so in case you will be eligible for NCL.

Shubham Jhajharia
Advocate, Ahmedabad
16364 Answers
66 Consultations

5.0 on 5.0

If your father is a government employee then his salary income will not be taken into consideration for computing the annual income  for deciding the eligibility for OBC NCL category.

On the basis of the income details you have given you may become eligible for non creamy lawyer certificate.

T Kalaiselvan
Advocate, Vellore
52880 Answers
635 Consultations

5.0 on 5.0

you are not eligible.

Mohammed Mujeeb
Advocate, Hyderabad
7888 Answers
3 Consultations

4.5 on 5.0

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
7888 Answers
3 Consultations

4.5 on 5.0

Yes, previous 3 years income should exceed 8 lacs, here only last year income is more. You are entitle to NCL.

Yogendra Singh Rajawat
Advocate, Jaipur
10619 Answers
9 Consultations

4.6 on 5.0

No you won't be able to get Non creamy layer certificate of OBC as the basic requirement is that last income of either of last three year ITR should not exceed 8 lakhs 

Mohit Kapoor
Advocate, Rohtak
1314 Answers

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you are worried by the enhancement on the uncle of your father.
  2. Yes, it really makes different for you to fall under the NCL category.
  3. but at the same time it depends upon as to when you have been issued the certificate.
  4. If it was before salary increment then you need not to worry otherwise it is a serious concern for you.

Sanjay Baniwal
Advocate, South Delhi
4316 Answers
8 Consultations

5.0 on 5.0

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