• OBC criteria for pension holding teachers

Sir, I am retired government junior college principal. During recruitment , I was selected for class III. Later, after 40 years I got promoted to class II and during retirement I got promoted to class I junior under state government. I have annual pension 4.3 lakhs under state scale. My wife is retired principal. She was not government employee, but worked in private aided first grade degree college. She has annual pension 5.3 lakhs under UGC scale. Both of us did not work in University. We both got recruited under OBC non creamy layer. We do not have any other source of income.
Is pension considered as salary for getting OBC?

Should we consider both our pension or only father pension?

Are our grades considered to decide creamy or non- creamy layer? As my grade at recruitment was class III and my wife's grade at recruitment was class II.

Please suggest me whether my son/daughter shall be eligible for reservation to OBC non-creamy layer category?

Thank you
Asked 6 years ago in Labour

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7 Answers

Pension consider as income and both parents accumulated income will consider to examine creamy status. If cross 8 lacs last three years consecutive income  --  CREAMY.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Since you were government employee in that case the position shall be seen pension shall be not considered. In case of your wife the pension shall be seen. In your case the grade and promotion and your wife's pension shall be considered and son or daughter shall be eligible for the NCL.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 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
19325 Answers
32 Consultations

Yes as per your aforesaid facts your children will be eligible for obc ncl 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Yes pension will be considered for the purpose because this attracts the provisions of the IT Act.

Take in count both pension.

Grade has nothing to do with it.

So in view of above your wards are not eligible for the benefit.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Since you state that your wife was retired principal in a college, her salary income at the time retirement if exceeded Rs. 8 lakhs per annum then her wards may not become eligible for the privileges under OBC NCL.

You were a government employee, joined as class-III and became class I after 40 years of age and since yor salary income is not taken into consideration for computing the annual income of family, your status as a pensioner will remain same.

The only problem is that if your wife was drawing salary income which exceeded Rs.  8 lakhs per annum at the time of retirement for the last consecutive three years, then the status even after retirement will remain same i.e., her wards will not become eligible for OBC NCL category concession. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear sir

Yes the pension is considered as income for getting OBC certificate.

You have to consider both your pensions for calculation of family Income.

If combined Income of a Family is above 8 lakhs per annum then grade doesn't matter for getting certificate.

Your children will not be Eligible for non creamy layer certificate of OBC.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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