• OBC - non creamy layer

Sir my father joined as a clerk in 1992 in public sector bank and became officer before the age of 40 and now he is senior manager and his gross salary is above 10 lakh per year . will i come under obc non creamy layer after the equivalence of posts has been done
Asked 10 days ago in Labour from GUNTUR, Andhra Pradesh

You would not be entitled to OBC NL certificate as your father income is above Rs 8 lakhs and before 40 he became class 1 officer 

Ajay Sethi
Advocate, Mumbai
74527 Answers
4458 Consultations

5.0 on 5.0

OBC creamy layer. If your father was continued as clerk but income above 8 lacs than only non Creamy layer.

Yogendra Singh Rajawat
Advocate, Jaipur
18502 Answers
22 Consultations

4.6 on 5.0

 The OBC Non creamy layer for the child of government employee is decided on two factors: By post or by class

  1. If anyone of, father or mother is direct recruited class 1 servants than their children won't be eligible for NCL. But if he/she is promoted to class 1 then the kids will be eligible
  2. If both of the parents are class 2 than their kids won't be eligible for OBC quota but if only one of them is than the kids would be off from creamy layer and they can avail benefits of quota
  3. If father was recruited direct to class 2 positions and than prompted to class 1 before age of 40 than it would be no longer NCL. However this scenario only applies to father not the mother

- The government servants who don’t fall under this category are all non-creamy layer.

- Government Employees of Class 3 or below class 3 officers are eligible for OBC Quota., and the salary/ income of the government employees are not to be taken into consideration for considering the OBC NCL category certificate.

- But , 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 Organizations, 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
2540 Answers
35 Consultations

5.0 on 5.0

PSU bank are not central govt job. 

Hence criteria for non creamy layer would be annual income of your family. 

To be eligible for Non creamy layer -Annual income other than salary and agricultural income should not be more that eight lakh rupees. 

Kallol Majumdar
Advocate, Kolkata
2527 Answers
4 Consultations

5.0 on 5.0

No, you are in the creamy layer.

Rajinder Goyal
Advocate, Chandigarh
67 Answers

5.0 on 5.0

1. The income of parents is not the deciding factor. Their status has to be considered.

2. If the income of either of your parents in  the last 3 years is below 8 lakhs, you are qualified for OBC Non-creamy layer status. If your parents are earning more than 8 lakhs, but their rank is below that of group B officers, you will still come under Non-Creamy Layer.

3.  For Group B/Class II Officers are concerned, if one of the parents of the children while working as Group B/Class II Officer gets into Group A/Class I Officer at the age of 40 or earlier, the children will  be considered OBC CL. However, in case the Group B/Class II Officer gets into Group A/Class I Officer after the age of 40 years, the children are entitled to OBC NCL. Since your father became officer before the age of 40 you are an OBC CL.

 

Ashish Davessar
Advocate, Jaipur
28664 Answers
835 Consultations

5.0 on 5.0

You will 8 lakhs limit for ncl obc benefits

Prashant Nayak
Advocate, Mumbai
18628 Answers
34 Consultations

4.6 on 5.0

No you will not be in non creamy layers 

Rahul Jatain
Advocate, Rohtak
2412 Answers
4 Consultations

4.9 on 5.0

If your father had become a class I officer before attaining the age of 40 years, he may not be considered to fall within the ambit of non creamy layer of OBC, hence you may not be eligible for reservation under that category.

 

T Kalaiselvan
Advocate, Vellore
64506 Answers
835 Consultations

5.0 on 5.0

A person can apply for an OBC certificate only if the annual income of the family is less than rupees eight lakh per annum. lf it were more than the given
figure, they would not be getting the non creamy category certificate. (Income from agriculture/ farming is not included in this) . 

Mohammed Mujeeb
Advocate, Hyderabad
15553 Answers
7 Consultations

4.5 on 5.0

Dear Sir/Madam,

Since the income of your father is more than required limit of the OBC-NCL, you may not get the said certificate.  

Ganesh Singh
Advocate, NEW DELHI
4431 Answers
9 Consultations

4.5 on 5.0

No you will not come under non creamy layer of OBC because your father is working at post of Senior manager and earning more than 8 lakhs per annum. 

Mohit Kapoor
Advocate, Rohtak
7952 Answers
2 Consultations

5.0 on 5.0

Since your father's income is more than 8 lakhs i.e., his salary is above 10 lakhs, you are not eligible for OBC-NCL.

 

S Srinivasa Prasad
Advocate, Hyderabad
1901 Answers
7 Consultations

5.0 on 5.0

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