Once non creamy layer is not totally dependent on the 8 lakh annual income. It's just a criteria. You are eligible

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.

It is very clear that the salary income of the government employees are not to be taken into consideration while computing the annual income of the family for considering the OBC NCL category certificate.

If the Tahsildar refuses to furnish the said certificate you may prefer an appeal before the district collector, who is the appellate authority for granting the certificate by setting aside the Tahsildar's  orders.

If you dont get any justice from the collector also then you may approach high court with a writ petition or the civil court with a suit seeking direction to the Tahsildar to issue the said certificate as per law. 

You are entitled to OBC NL certificate as both parents are class C employees 

for govt servants income is immaterial 

3) 

as per the Central creamy layer criterion II & III dated 08.09.1993 only the sons and daughter of following “government servants” will be treated as creamy-layer.

(i) Parents, either of whom is a Group-A officer. (Direct Recruitment)

(ii) Parents, both of whom are Group-B officers. (Direct Recruitment)

(iii) Parents of whom only the father is a Group-B officer and he gets into Group-A at the age of 40 or earlier.

Dear Sir,

If annual income is more than 8 lakhs you cannot get such certificate.

If  father is a group A or group B officer in govt. before 40 years of age - cremy layer.

otherwise

Family annual income more than 8 lakhs except salary and agricultural income - cremy layer.

All Others are non-cremy layer.

If a person’s either of the parents, is a part of central government or is working under Group C and Group D category under the central government, the person is eligible to apply for the non-creamy OBC certificate.

Income from salary and agriculture income will not include.

Dear Sir,

How do I calculate the gross income of my parents (who are government employees) to determine whether I belong to non-creamy layer or not in order to get the OBC reservation?

According to Para 10 of No. 36033/5/2004 - Estt. (Res.)  which is a clarification issues to all state chief secretaries regarding clarification on OBC Creamy layer, income from Salaries and Agriculture should not be considered for calculating the gross income. Only the income apart from salaries and agriculture are to be considered.

The para 9 & 10 states as follow:

1. Creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-a-vis posts in Government has not· been evaluated is determined as follows:

Income of the parents from the salaries and from the other sources [ other than salaries and agricultural land] is determined separately. If either the income of the parents from the salaries or the income of the parents from other sources __ [ other than salari"es and agricultural land] exceeds the limit of Rs.8 lakh per annum for a period of three consecutive years, the ·sons and daughters of such persons shall be treated to fall in creamy layer. But the sons and daughters of parents whose· income from salaries is less than Rs. 8 lakh per annum and income from other sources is also Jess than Rs.8 lakh per annum will not be treated as falling in creamy lay r even if the sum of the income from salaries and the income from the other sources is more than Rs.8 lakh per annum for a period of three consecutive years. It may be noted that income from agricultural land is not taken into account while applying the Test.

1. In regard to clause (x) of para 4, it is clarified that while applying the Income/Wealth Test to determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs. '8 lakh per annum, income from agricultural land is more than Rs. 8 Jakh per annum> but income from other sources is less than Rs. 8 lakh per annum> the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth Test provided his parent(s) do not possess wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years.

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

1. 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

2. If both of the parents are class 2 than their kids won't be eligible for OBC qouta but if only one of them is than the kids would be off from creamy layer and they can avail benefits of qouta

3. If father was recruited direct to class 2 position and than promted to class 1 before age of 40 than 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.

- Government Employees of Class 3 or below class 3 officers are eligible for OBC Quota., and the salary/ income of the government employees are not to be taken into consideration for considering the OBC NCL category certificate.

- Since your parents are working under Group C category , then you are eligible to get non-creamy OBC Certificate.

- On refusal by the Tehsildar , you should move an application before the district collector for getting the same.

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.

You cannot do anything as both the criteria of getting non creamy layer certificate have to be fulfilled that is income should be less then 8 lakh per annum and parents should not be on govt job of group B or above grade. 

So you cannot claim NCL certificate of OBC.