• OBC NCL or not

I am a candidate recognised under OBC . My father was initially a class 3 government employee . Recently , he got a promotion ( age 55 now) and this new post is that of a class 2 officer. His yearly salary is above 8 lakhs . My mother is non working. Will I fall under OBC-NCL?
Asked 6 years ago in Civil Law

2 answers received in 1 hour.

Lawyers are available now to answer your questions.

17 Answers

You would fall under OBC NL 

2) your father was recruited as class 3 officer and promoted to class 2 officer after 40 years 

 

3) your father income is immaterial 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes you fall under obc creamy layer on the basis of 8 lakhs criteria.

  • If only one of your parent is class 2 employee and other is below class 2 or unemployed then you fall under OBC Non Creamy Layer.
  • If your parents earn more than 8 lakh you fall under OBC Creamy layer.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yes since father is government employee and he was class 3 employee and promoted to class to after age of 40 you shall be entitled to obc ncl.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See in government employees the post is criteria income is not criteria so the 8 lac condition shall not apply.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

In above points I have mentioned those two points from criteria only because there are so many rules but if you fullfill any one than it's not applicable. But still I will once again cross check with government officers of OBC NCL certificate issuers department.


 If graded check whether both of them are in class 2 or else in class 3. You will fall under Creamy layer only if both of them are getting class 2 pay scale.

 

Income of Last three Consecutive years will be checked. If anyone of the year is below 8 lakhs it is enough to get qualified for OBC Non-creamy layer status.

  • If graded check whether both of them are in class 2 or else in class 3. You will fall under Creamy layer only if both of them are getting class 2 pay scale.

  • Income of Last three Consecutive years will be checked. If anyone of the year is below 8 lakhs it is enough to get qualified for OBC Non-creamy layer status.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

For govt employees only status is considered and not income 

 

salary above Rs 8 lakhs is immaterial 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. IF you are of Major age and prove that you are independent, THEN you cannot be classified as a OBC-NCL.

2. Father's income cannot be used to measure your NCL.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Yes, you will certainly fall under the OBC NCL category.

Since your father is a government employee, his salary income will not be taken into consideration for computing the annual income of family for determining the NCL status. 

Moreover he joined as class C employee and has not been promoted to class A before attaining 40 years of age, he is eligible for the privileges under the OBC NCL category for the benefits to his wards.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Yes you will fall under the creamy layer category as per the rules.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

As the salary of your father is above 8 lacs you come under the creamy layer.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Your understanding is right.

You are eligible for reservation under OBC NCL category as your father's salary income is not taken into consideration for computing annual income of family to determine the NCL status.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

If father is a group A or group B officer before the age of 40 then his siblings would fall into the category of creamy layer. 

Otherwise if  family income is above 8 lakhs then members would fall into the creamy layer category. Salary and agricultural incomes are excluded .

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Nothing as such, once entered above class 3, income criteria only applies.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir,

Except for the Tamil Nadu Government, every state government has made it mandatory to obtain an Other Backward Classes (OBC) certificate for the people who fall under this category while applying for central government jobs. The certificate is valid only for a year’s time from the date of receiving of the certificate.
On the basis of the parent's income of a person, OBCs have been divided into creamy layer OBC and non-creamy layer OBC. If the income of the parents of the person applying for the OBC certificate is above Rs. 8 Lakhs, the person will fall under the creamy layer category, whereas, if the income of the person's parents is below Rs. 8 Lakhs, the person would belong to non-creamy layer category.

The eligibility criteria for obtaining a non-creamy layer certificate has been listed below:

  1. A person belonging to non-creamy layer category (i.e. parent's income is below Rs. 8 Lakhs) can only apply for this certificate.
  2. If anyone of the person's parents is working under Group C and D officer category of the Central Government or under Group II, III and IV officer's category of the Tamil Nadu State Government then he/she will be eligible to apply for the certificate.
  3. If a person is working under Group B officer category of the Central Government or Group I of the Tamil Nadu State Government then he/she is eligible to obtain the certificate provided that his/her parents do not receive any kind of income.
  4. If the applicant's husband is working under Central Government, his wife is eligible to apply for OBC certificate provided that the wife’s parents do not receive any kind of income.

The people who are not eligible to apply for this certificate are as follows:

  1. Certain castes that come under Backward Caste and Most Backward Caste who are not included in the Central Government’s OBC category cannot apply for this certificate.
  2. If parents of the applicant are employed under Group A services like IPS, IAS, and IFS he is not eligible to apply for this certificate.
  3. If the applicant’s parents are working under Group B officer category of the Central Government or parents working under Group 1 of the State Government then he/she is not eligible to apply for this certificate.
  4. If the applicant’s parents’ income exceeds Rs. 8 lakhs, they are not eligible to apply for this certificate.
  5. If the applicant’s parents are working in the private sector as a business person, lawyer, doctor, engineer and if their income is more than Rs. 8 lakh per annum, then they are not eligible to apply for this certificate.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 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

No you will not be eligible for OBC NCL certificate because income of your parents exceeds 8 lakhs per annum. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You will fall under obc ncl

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer