• Do I come under non-creamy layer if my father is now a branch manager?

My father is a local branch manager in an RRB which is sponsored by Bank of Baroda so I guess a PSB.
He has been promoted to scale 2 after his age was 40 years.
He was first employed as a clerk-cum-cashier and he is 57 years old. 
I'm OBC. Am I eligible for a caste certificate of the non-creamy layer? His income is above 8lacks/annum.

Thank you for your time.
Asked 5 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

21 Answers

Dear Sir,

As per your input and income of your father, you may not get a caste certificate of the non-creamy layer. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Since your father was recruited in group C as clerk and promoted to group A after age of 40 you would fall under OBC NL 

 

2) 

the Madras HC had ruled that if salary of

.. parents employed in government is not a criteria for assessi .. assessing “creamy layer”, the salary of a PSU employee “as a .. as a test for identifying creamy layer brings in the element of discrimination 

hence your parents salary is immaterial in deterring OBC NL certificate . Only status is to be considered and not income 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It depends upon various considerations 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Scale 1 is equivalent to group B I presume 

 

if he was promoted after age of 40 in group A equivalent to scale 2 then should be entitled to non creamy layer certificate 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

I am sorry but you are not eligible for non creamy layer category.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You are not eligible for non creamy layer category in OBC as the income is above 8 lakhs and because of the post.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If it's a private bank then only 8 lakha above parameter will take you out of NCL benefits. Otherwise you will be eligible

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The salary income of your father cannot be taken into consideration for computing the annual income of the family.

Since your father is an employee of bank, his employment status will be taken into consideration to determine his OBC NCL status.

As per rules, since he was recruited as clerk cum cashier and that he was promoted to officer cadre after completing 40 years of age, he will fall under OBC NCL category.

Hence as his son you are eligible for reservation under the OBC NCL category.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You have not confirmed that if he was promoted to scale 1 officer category before attaining the age of 40 years or not, because in your previous post you have mentioned that he was promoted to scale 2  officer after 40 years.

Therefore it depends on your reply to render proper opinion to your question hence you may revert with proper details.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You must be in Creamy layers 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. The salary of parents is totally immaterial. It is the status which has to be factored in.

2. If he was promoted to Scale 1 after completing 40 years of age, he will fall under OBC NCL category, whereas as his son you will fall under OBC NCL category.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Your father is not in central govt.  job. 

So if the annual income, of your family , other than salary and agricultural income is less than eight lakh rupees , you shall be eligible to apply for Non creamy layer of OBC category. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Dear Sir, 

It is clarified that in order to qualify as an OBC non-creamy layer candidate, the applicant's parents' annual income should be less than Rs. 8 lakhs. It means that if income from other sources other than the salary and agriculture exceeds the income limit, then only the candidates shall be treated as Creamy Layer. Here, the income of your father is 8lacks/annum and hence you may get a certificate of OBC creamy layer. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Yes, you are eligible for OBC-NCL

Income / Salary is not a yard stick, but status will be taken into consideration to decide to issue caste certificate.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

creamy. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- Employees of PSU banks are  not central government employees. They are governed by service regulations of their respective banks.

- Further, employees in Public Sector Undertakings, Banks, Insurance Organisations, who earn above 8 lakh per month are not eligible to get OBC-NCL certificate like a government employees. 

- Hence, if your father is getting more than 8 lakh , then you are not eligible to get a caste certificate of the non creamy layer.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

ANS: To fall under the creamy layer, one has to fulfill the criteria and only then a person or his / her family are treated as creamy layer.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

If your father were promoted to class I officer before age 40 years than your are not eligible for NCL obc certificate.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

No you are not eligible for OBC NCL certificate as your father's income is above 8 lakhs per annum. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

The following may be useful to you

=====================================================

BC OBC NON CREAMY ETC

Dear Sir,

It depends upon your fathers income. Further information is as follows.

========================================================

Non-Creamy Layer candidates from OBC are entitled to reservations in jobs as well as educational institutions. However, many candidates (and even some bureaucrats) are ignorant about the provisions of OBC reservation.

If you are a deserving candidate belonging to OBC category, you should not miss the benefits of OBC reservation (due to ignorance). In this post, we shall see the criteria for determining whether you fall under OBC Creamy Layer or OBC Non-Creamy Layer.

===============================================================

OBC Reservation Update

http://www.iitb.ac.in/newacadhome/extrainfo.jsp

  • Certificate & Self-declaration Format for OBC(Non-Creamy Layer)
  • Central List of OBC
  • Revision of income criteria-The limit of annual income of Rs. 6.00 lakhs has been raised to Rs. 8.00 lakhs for determining the creamy layer among Other Backword Classes (OBCs) candidates in the centrally funded technical education institutes.
  • If you fall under OBC-NC (Other Backward Classes-Non Creamy Layer) category then you may apply under OBC-NC category while applying Online/Offline,even though if you have declared your birth category as GN (General) while applying for GATE. However you have to produce the OBC-NC certificate at the time of Written Test/Interview.
  • The eligibility criteria for admission under OBC-NC (Other Backward Classes-Non Creamy Layer) is similar to general category candidates.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 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

Ask a Lawyer

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