• Creamy layer for private sector employee

Hi,
I am working in a private sector as a General Manager - Mfg and my annual income is around 12 lacs.
My son is appearing for JEE entrance exam. 
Can I opt for OBC non creamy layer category for my son as I understood that annual income is excluding salary and agricultural income.

Pl. calrify as I am seeing many clarifications on this but I am not able to come to a conclusion.

Thanks.
Asked 5 years ago in Civil Law

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23 Answers

Your son would not be entitled to benefit of OBC NL as your annual income is around Rs 12 lakhs

 

your salary would be considered in determining your annual income 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

If your income is not more than 8 lakhs rupees fro last three financial years, then your son can apply for OBC NCL otherwise not. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If your annual income is less than Eight Lakhs then you are eligible for OBC category and may qualify for the same.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

While categorizing for creamy layer the household income is to be taken into account. 

So take into fold your income from salary and from other sources, if any, as well to calculate the threshold limit which I believe you cross.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

For private sector employee the salary shall be included for the annual income only in case of govt. Employees post is considered for NCL and salary is not taken into account where as for private sector the annual income included the salary. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No, your son cannot apply under OBC non Creamy layers 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

If it is true then your salary income can be removed from your annual income 

 

however only of govt employees status is considered and not income 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

No,

Salary have to be included

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Its total amount of family income includes spouse income as well.

There are two categories of OBC A and B.

You fall in category B NC OBC.

Total amount of income should not exceed more than Eight Lakhs in any case for any year without any exclusions. 

It is inclusive of all income includes income of spouse as well.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Salary shall be included for the organization where equivalence is not found and for the private sector. Salary is excluded only  for govt sector employees. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Don't be confused Rs.08.00 Lac bar is family income either source,please see on which income you are paying income tax and go ahead.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

I wonder if your salary is not taken into account that what other earnings would be considered as your income. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

 - Employees of PSU /banks/private sector are  not central government employees. They are governed by service regulations of their respective rules and regulations .

- Further, employees in Public Sector Undertakings, Banks, Insurance Organisations, private sectors , and earn above 8 lakh per annum , then their son are not eligible to get OBC-NCL certificate like a government employees. 

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

- Further, the income means , total income of family from all the resources , whether salary or otherwise. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Your son comes under creamy lawyer.

income from salary and agricultural income are excluded for 3rd an 4th class employee of govt. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

No your understanding is not correct on the same, your salary shall be considered for Obc NCl certificate.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Salary is the benchmark on the basis of which the creamy layer category is determined. I am sorry but you come under the creamy layer category.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

I am sorry but the salary is included.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Since your salary income is beyond the permissible limit for considering your status under OBC NCL category,  in my opinion you may not be eligible for the privileges available for the said category. 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

The salary income shall be excluded or not taken into consideration for computing the annual income of the family only for the government employees and employees of different PSUs.

Therefore you have been misguided on this subject matter. 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

You are son not eligible for OBC Non Creamy Layer certificate, annual income of Rs 12  Lakhs. Those who are above Rs 8 Lakhs income per year are not eligible for the OBC non creamy layer certificate or benefits. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes it can be done and family income from other source for 3 consecutive years should not go beyond 8 lakhs for obc ncl facility

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

No you cannot opt for OBC non creamy layer category Because of your annual income which is above 8 lakhs per annum. 

The salary income from govt job is excluded for getting non creamy layer certificate

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Yes you are correct.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

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