• NCL certificate

Sir, i have joined as a class 2 officer in LIC of India in 1997 as on date i am working on same post ( i e class 2) my income from salary is 10 lac per annum. Can i get non creamy layer certificate for my child education parpose
Asked 6 years ago in Civil Law

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15 Answers

Yes you may as per equivalence of post done in PSU can seek NCL certificate for your child based upon your post.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You should be eligible for non creamy layer certificate 

 

2) 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 .. 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

For govt servants status of parents is considered and not income

2) 1) 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.

3) for government employees only their position in the office is the criterion for non-creamy layer status. Excluding all Class I employees and direct recruits of Class II cadre, all other govt. servants having income greater than 6 lakhs are still eligible for the OBC non creamy layer certificates

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

LIC is state owned and in same rules as formulated by government in OM  shall apply and being class 2 officer your kids will get benefit of same.

https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.ncbc.nic.in/Writereaddata/Supplementary%2520Report%2520on%2520Income%2520Criteria%2520for%2520Creamy%2520Layer,%2520RI%2520Pandey[deleted].pdf&ved=2ahUKEwjUx_z708jnAhUFdCsKHc4nCjYQFjACegQIBhAO&usg=AOvVaw1gDBy-0G-uFXpFuiATQ8nQ

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you can get the obc non creamy layer status and work. Dopt circular 8-6-2018 is applicable to you

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

As your working as a class to apply on the basis of this employment you are not covered in non creamy layer and your salary is also more than 800000 rupees you cannot claim non creamy layer certificate for your child in case by any misappropriation you receive the certificate it may be challengeable by anybody

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

As you are in a class 2 post and earning above 8 lacs you are not entitled to obc ncl category.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The authorities have declined your application due to this reason only.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No, you are passing income limit. If you were class 3 / 4 employee than income may not have consider for issuing NC certificate.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

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.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Since you joined as Class II officer and remained as Class II officer without any further promotion, your son or daughter are eligible for the concession  for reservation available under the non creamy layer for OBC category candidates. 

The salary income  will not be taken into consideration for computing the annual income of the family.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

You can refer to 

Government of India  Ministry of Personnel, Public Grievances & Pensions

(Department of Personnel & Training) Office memorandum No.36012/22/93-Estt. (SCT) dated 08.09.1993, on the subject Reservation for Other Backward Classes in Civil Posts and Services under the Government of India, under second category (c) Employees in Public Sector Undertakings etc for more clarification.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 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
19328 Answers
32 Consultations

1. No you cannot get NCL certificate of OBC as your salary is more than 8 lakhs per annum.

2. You also joined your job as class 2 officer which also make your child ineligible for NCL certificate.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that your application has been rejected by the authority on merits as per them.
  2. I would like to inform you that though you have been earning more than 8 lacs per annum, making your child non eligible for the NCL, but yet there a class of officers who have been exempted even after not complying with the income criteria.
  3. I need to have a detail research on this topic including the law and case laws, if any by Hon’ble SC or High Court.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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