Last three years income should be less than 8 lacs for OBC NC.
YOU comes under NC.
My father is a retired PSU employee. He joined as general foreman ( non executive cadre) and became entrance level executive at the age of 53 years. He retired on july 2019. His income before retirement was above 8 lakh, which consists of salary only. After retirement, his total income from pension and other FDs is 6.5 lakh. I belong to OBC caste. The equivalence mentioned in the latest release of DOPT doesn't mention supervisor cadre. My mother on the other hand is a housewife with no income. Can I avail the benefit of OBC Non creamy layer? kindly give reasons.
- Since your fathers income is below 8 lakh , hence you are eligible for getting OBC-NCL certificate legally.
- Employees of PSU and banks are not central government employees. They are governed by service regulations of their respective rules.
- 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 less than 8 lakh , then you are eligible to get a caste certificate of the non creamy layer.
Yes, you are eligible as your father getting pension less than 8 lakhs. Further see the following.
The eligibility criteria for obtaining a non-creamy layer certificate has been listed below:
The people who are not eligible to apply for this certificate are as follows:
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.
What is the difference between OBC- creamy layer and OBC- non creamy layer?
if your annual family income is upto 8 lakhs ,you are in obc non creamy layer and you can avail of the reservation benefits and if it is more than 8 lakhs then you are in obc creamy layer and you cannot avail of the obc reservation benefits
The Creamy Layer is used to Differentiate Socially economically developed Persons in a caste from those who are Deserving of Reservation and Empowerment. . It is only applicable to OBCs, SC and STs are exceptions to this differentiation. This is estimated using annual Income of a Family- Currently It is 6 lakhs, meaning if your family is earning 4 lakhs/annum and you belong to an OBC caste, you are eligible for reservation. But if your family has Income above 6 lakhs, then you are not Eligible for reservation. This allows the Benefits of reservation to seep through to the poor.
There are two categories in OBC (1) Creamy layer and (2) Non Creamy layer.Parents of those candidates who own constitutional post,in Class -1 services and class-2 services(in this case mother & father both be in class-2) in central and state government and equivalent post in PSB,PSU,PS Insurance company etc, parents in defence services equivalent to Colonel and above are under Creamy layer and rest are under non Creamy layer irrespective of their income. Such candidates have not to go through income/wealth test under schedule -6 of circular at www.ncbc.nic.in. In other classes where professions are not categorised as class -1,2 as mentioned above ,for Creamy layer income should be more than 6 lakhs and for non Creamy layer it should be less than 6 lakhs.Such professions have to go through income/ wealth test as mentioned above. It is important to note that in classifieds classes of posts Creamy and non Creamy layer is not determined on the basis of income but on the basis of status of the parents.For ex. If a parent has income more than 6 lakhs but their status is below class 1,2,Colonel ,then they fall under non Creamy layer and deserve for reservation in jobs, educational institutions etc.The Creamy layer class is not entitled for reservations. *IMPORTANT*- On 23 rd August ,2017 the central govt has extended the limit up to 8 lakhs.
Every student wants to know the difference between OBC- creamy layer and OBC- non-creamy layer, When we apply for any college or government job, we all have seen OBC creamy or non-creamy layer in this form section and thought What do we mean by OBC creamy and non-creamy layer? Does it depend on the annual family income or on the castes in Backward class?
First of all, you must know that Creamy And Non-Creamy Layer term should be recommended only for OBCs and it does not apply on the SC/ST candidates.
What is OBC?
Before you know the difference between OBC- creamy layer and OBC- non-creamy layer, you must know What is OBC in India. Actually, Other Backward Class (OBC) is a collective term used by the Government of India to classify castes which are socially and educationally disadvantaged. It is one of several official classifications of the population of India, along with Scheduled Castes and Scheduled Tribes (SCs and STs).
The term creamy layer and non-creamy layer were first used in the reference of the Sattanathan Commission in 1971
What Is OBC Creamy Layer?
If a person's total family income is less than 8 lakhs per annum he will get a certificate of OBC-creamy a layer and he will be eligible for benefits that OBC candidates get like the relaxation of age etc.
What is OBC non-creamy layer?
But if the total family income is more than 8 lakhs he is categorized as OBC non-creamy layer and he is not entitled to OBC benefits and it's better for such candidates to fill the form as general candidates.
Read: obc non creamy layer eligibility
In other words, we can also say that the difference between the creamy layer and non-creamy layer is based on family annual income that is if the person’s yearly income more than 8 lakhs then he would be measured as creamy Layer and would not be able to acquire benefits from the Government.
In the OBC Creamy Layer, if the family annual income is more than Rs. 8 lacs (As Per New GR) , the father / parent of the candidate is employed in any Government Sector in the rank higher than Class 3, then he comes to the creamy layer.
And on the contrary, whose parents' income is less than Lakhs and they are working on less than class 3, then they will come in OBC Non Creamy Layer.
So this is the difference between creamy layer and non creamy layer. Whenever you make these documents, you are given the certificate by looking at the non Creamy Layer Eligibility given above.
Following the supreme court judgement on reservations, government was forced to exclude the creamy layer from the protection of reservations.
Creamy Layer essentially excludes children of privileged citizens belonging to the OBC from getting the protection of reservations. Creamy layer OBCs are considered to be well-off Indians
Sir ...kindly note that i have mentioned that my father's income before retirement was above 8 lakh ( it includes only salary though). However post retirement, his income dropped below 8 lakh. I have 2 doubts:- 1. Should it be average of last 3 years income ? Or just for last year if it is less than 8 lakh, will I be able to avail the benefit of obc ncl? 2. Are salary and pension really exempt from income criteria for PSU employees? My father was working in coal India.
The criteria to come under OBC is the Total income of a family be not more than Eight Lakhs.
You have submitted that the income from pension and FD of your father is 6.5 Lakhs preceding year.The amount of INR 6.5 is definitely below the bench mark of OBC category and you have qualified for the same.
Hence eligible for OBC category.
1. It should be average of 3 years , and your fathers average is coming below 8 lakh.
2. As i mentioned above for an PSU employee , the income criteria would be counted i.e till 8 laksh.
You are entitled for OBC NL as your father joined as class 3 employee and was promoted after age of 40 years
Last 3 years gross income is considered if for also 3 years father income would be more than Rs 8 lakhs then you would not be entitled to non creamy layer certificate
Since your father joined the organisation in the lower category and was promoted to the executive cadre after the age of 40 years, his status would come under non creamy layer even though his salary income was above Rs. 8 lakhs.
The same status would continue even after his retirement.
Therefor you would be eligible for reservation under OBC NCL category.
Salary income (or pension) of a government employee is not taken into consideration for computing the annual income to assess the eligibility for OBC NCL category.
The status of the retired government employee would continue the same even after his retirement
You can apply for OBC category certificate if your family income doesn't exceed 8 lakh per annum from last 3 years and it will not include salary of your father as he was working at PSU.
For calculation of creamy layer the income for the last three years is taken into the consideration in your case it is more than 8 lacs
You are entitled for OBC Non Creamy Layer.
A person with annual income of Rs 8 lakh or more is classified as belonging to the 'creamy layer' among OBCs and cannot avail of reservations. The income criteria is usually reviewed every three years.