• OBC reservation criteria for PSU empoyee wards

My father is an electrician in Mahanadi coalfields limited,a Miniratna subsidiary company of Coal India Ltd.His annual income is above 8 lakhs through salary only.He does not have any other sources of income.Am i eligible for the OBC non creamy layer reservation for Govt. jobs ???
Asked 1 month ago in Labour from Talcher, Odisha

1) In August 2017, the Madras HC had ruled that if salary of parents employed in government is not a criteria for assessing “creamy layer”, the salary of a PSU employee “as a test  .. for identifying creamy layer brings in the element of hostile discrimination .. 

 

2) since your father is class 3 employee you should be entitled to benefit of reservation on basis of said judgment 

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

You are not eligible for the OBC non creamy layer reservation as your parents income exceeds 8 lacs per annum.

Siddharth Jain
Advocate, New Delhi
5188 Answers
58 Consultations

5.0 on 5.0

If your father's income is, not more than 8 lakhs rupees for past 3 consecutive years than you are eligible otherwise not. 

Ganesh Kadam
Advocate, Pune
8760 Answers
72 Consultations

4.9 on 5.0

1. No you will not be eligible for NCL certificate of OBC.

2. Because income of your family is above 8 lakhs per annum.

Mohit Kapoor
Advocate, Rohtak
5918 Answers
2 Consultations

5.0 on 5.0

For psu it's 8 lakhs ceiling above which the person will not be eligible for ncl. It's as per 1993 OM of DON'T. Salaries and agricultural income are considered in the same

Prashant Nayak
Advocate, Mumbai
15888 Answers
28 Consultations

4.6 on 5.0

- As per the Supreme Court , Employees of a public sector undertaking (PSU) are not government servants.

- The expression “government servants” includes employees working directly under the central government or any of the state governments or the Government of a union territory.

- Since, your fathers income is above 8 lakh , hence you are eligible to get OBC non creamy layer reservation in Government Job. 

Mohammed Shahzad
Advocate, Delhi
1431 Answers
23 Consultations

5.0 on 5.0

As your father's income is above 8 lakhs you come in the creamy layer category.

Regards 

Rahul Mishra
Advocate, Lucknow
5619 Answers
12 Consultations

5.0 on 5.0

Dear Sir

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.

OBC creamy and non-creamy layer income limit

The applicability of the OBC certificate is based on the income of the household. Apart from the annual income, if the parents are receiving any other income, then that income will also be considered to consolidate the sum of Rs. 8 lakh. The income received by parents who are working in the private sector will also be considered for consolidating the total amount. Income received from farming and agricultural activities will not be taken into account for evaluating the eligibility.
 
Therefore, if you fall under the criteria for eligibility listed above, the non-creamy layer quota will be applicable to you.

Netravathi Kalaskar
Advocate, Bengaluru
4315 Answers
22 Consultations

5.0 on 5.0

NO, you are crossing income limit.

Yogendra Singh Rajawat
Advocate, Jaipur
15896 Answers
19 Consultations

4.6 on 5.0

If your father is an government employee and he do not belong to the class I or group A category especially if he was not recruited to class I or Group A  nor he was promoted to that post before attaining 40 years of age, then you will be eligible for the privileges under OBC NCL category reservation.

The salary income is not taken into consideration  for computing the annual income of the family, hence his salary income even if it is beyond Rs. 8 lakhs per annum, you are eligible to the said reservation.

 

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

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
13080 Answers
4 Consultations

4.5 on 5.0

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