• Obc ncl

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.
Asked 3 years ago in Labour

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21 Answers

Last three years income should be less than 8 lacs for OBC NC.

YOU comes under NC.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

- 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.

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Yes you can avail the said facility. Salary pension income is exempted. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

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:

  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.

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 layeryou 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

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

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. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

It should be not more than 8 lakhs rupees for for 3 consistent year. and Pension is not a Income.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

It's 3 years average income but excluding salary

Yes it's exempt also agricultural income exempt

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Your father income reduced from 8 lacs, you comes under NCL.

Dont get confused with other aspects.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

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.

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

You are entitled for OBC NL as your father joined as class 3 employee and was promoted after age of 40 years 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. Yes you can.

2. No they are not exempted 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. no

2. no.

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

As per the pension you come under the ncl category.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Salary is to be counted as last year income has to be shown.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

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.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

 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 

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

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. 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Salary/Pension income are not to be considered as income. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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