• Eligibility criteria for OBC Non creamy layer in my case

In maharashtra state i came under Special Backward category which happens to be in Central Govt OBC list. 
My father = BAMS govt doctor(right now Class B officer(correct me if I am wrong )). at the time of joining he join as a Class C officer. In 2007 (at the age of 46 years) he promoted to Class B officer. he get retirement in 2017. 
My mother= High school teacher in govt aided school. she join as a class C officer. 
If we consider total income / salary earn by them is more than 16 lakh. 
 so I have some doubt whether I belong to OBC non creamy layer or not ?
Question:
Q.1 total income earn by them is more than 8 lakh. then how come I belong to Obc non creamy layer ?
Q.2 Does 8 lakh income criteria apply to Govt. employee ?
Q.3 Along with this my family own around 20 acres of farm. am I eligible to OBC non creamy layer ?
Q.4 if I am eligible , what step should I follow to get OBC non creamy layer ? where should I apply for that ?
Q.5 if I only attach income certificate of my father for past 3 years and obtain OBC non creamy layer ? does it consider as a fraud ??
Asked 6 years ago in Labour

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8 Answers

1) your father was govt servant . 

2) your father income is immaterial 

 

3) status is considered and not income 

 

4) your both parents were recruited as class c officers and father promoted to group B at age of 46 

 

5)8 lakhs income does not apply to govt servants 

 

6) do not suppress any material facts 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

A government BAMS doctor enjoys the status of regular doctor who may not fall within the non creamy layer if he is promoted to Group A  category before completing 40 years.

Since your father got promoted to Class B that too at the age of 46 years and and also your mother joined as Group C employee, you are eligible for the privileges that are available for OBC non creamy layer category.

You may have to apply for the said certificate with the Tehsildar within your residential jurisdiction.

Their salary income, being government employees, will not be taken into consideration for computing the annual income of the family.

Also the income from agricultural land also are not taken into consideration for the purpose of family's annual income. 

Your parents salary certificate may be attached to the application but remember that if the Tehsildar stick to the income whether salary or otherwise, you can prefer an appeal before the district collector on your application being rejected.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Whether showing your mother's income or not, she being a government employee her salary income will not be taken into consideration for computing the annual income of the family.

However by suppressing the information required to be filled up for the purpose, your father has done a mistake.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

No you will not get obc NCL status

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

if your Mother is working in class III under Central govt./State govt. then you will come under OBC-Non Creamy layer irrespective of income of her from salary.

And if father income is not above 8 lacs, OBC NC.

But father should have disclosed income on mother while applying for certificate.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. If total income of your family is above 8 lakhs per annum then you will not come under non creamy layer of OBC.

2. Yes 

3. You will not come under non creamy layer as in every criteria you are considered under Creamy layer of OBC.

4. Yes it will be considered as fraud If you doesn't disclose income of your family. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Your slab of 16 lakhs is much higher than what is permitted in the limit of 8 lakhs. Both are parents are also working in govt sector and the permissible limit is ousted by them. The said income will be considered in computation of obc ncl. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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