• Status of OBC Non creamy girl in given scenario

Hi I m an OBC non creamy girl. I am doing senior residency in ophthalmology( eye) in government medical college for which I am getting stipend of RS 65000 per month. So my annual stipend is 780000 now. Senior residency is not a Permanente job . It is a contractual temporary job in medical college for maximum 3 years. My father is retired. He is getting pension of 324000 per year. The sum of my father's pension and my stipend is above 8 lakhs per year. My question is : 
1) Do I still come under OBC non creamy layer.
2) Only my father's pension is taken into account for deciding non creamy layer or my stipend is also included?
Asked 6 years ago in Constitutional Law

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10 Answers

You would fall under non creamy layer as your stipend  is not considered 

 

only income  of parents is considered 

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

No, you don't come under the obc non creamy layer.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1) Yes, you do come under OBC Non Creamy Layer, means you're eligible for obc ncl certificate.

 

2) only your father's income is counted and not yours.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. For considering OBC NCL, it is your father' status that is taken into consideration and not your own financial or employment status.

2. Even though your father is a retired employee now, his status while he was in service will  be counted for granting the certificate under OBC NCL category.

Even if you are a regular employee with salary income, your financial status or the employment status will not be taken into consideration for deciding yor OBC NCL status.

 

 

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

1

 Yes you shall come under Non creamy layer se your income won't be considered for the OBC creamy layer your father's post / annual income as per law shall be considered.

2. Only your father income/post shall be considered as applicable. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

Only parents income be considered for deciding creamy layer and not candidate personal income.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Madam,

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
4951 Answers
27 Consultations

father's income is considered and not your income. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes you would be under non creamy layer of OBC.

Because income of parents are considered and self income will not be considered for Non creamy layer certificate 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

It depends whether your father retired as class 1 officer. If yes then you will not be getting nob creamy layer benefits

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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