• OBC certificate

sir i have obc certificate , i wish to know wether I am cremylayer or noncreamilayer,
my FATHER works in NTPC (is an Indian Public Sector Undertaking) got promoted to assistant manager 2 yrs back and would retire in one year.
Asked 5 years ago in Civil Law

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

23 Answers

What is your father income ? 

is your mother working ? Kindly clarify 

Ajay Sethi
Advocate, Mumbai
99851 Answers
8148 Consultations

What is his salary per annum ? IF last 3 years salary is above 8 lacs than he comes under creamy layer.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

You are in ncl

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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

- 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
15821 Answers
242 Consultations

If your parents Annual Income is more than 8 lakhs rupees for the 3 consecutive years then you are under Creamy layer.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

What is his salary per annum?

If it is less than 8 lakhs then OBC NCL otherwise No.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

What was your father's designation while joining the organisation.

If he was promoted to class I post after the age of 40 years, then you will become eligible for NCL category privilege.

 

T Kalaiselvan
Advocate, Vellore
90055 Answers
2499 Consultations

If his income is more than 8 lakhs excluding salary and agricultural income you cant avail the same

Prashant Nayak
Advocate, Mumbai
34569 Answers
249 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
19335 Answers
32 Consultations

You comes under non creamy layer category of OBC. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir/Madam,

It is suggested that  you have OBC NCL certificate. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Income: Above 8 Lakh Income: creamy layer. Family Income: Above 8 lakh when added together
(Income from farming not to be included).

Non creamy layer....below 8 lakhs.



  1. INCOME OF PERSON AND FAMILY COMBINED: A person can apply for an OBC certificate only if the annual income of the family is less than rupees eight lakh per annum. If 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)

  2. PARENTS EMPLOYED UNDER CENTRAL GOVERNMENT: If a person’s wither of the parents, is a part of central government or is working under Group C and Group D category under the central government, the person is eligible to apply for the non-creamy OBC certificate.

  3. EMPLOYEE UNDER CENTRAL GOVERNMENT: If a person himself or herself is a part of central government or is working under central government’s group B category, then that very person is eligible to apply for an OBC non-creamy layer certificate. It is to be noted that it is valid only if the person’s parents do not receive any income like that of pensions.

  4. HUSBAND EMPLOYED UNDER CENTRAL GOVERNMENT: If a women’s husband is employed under the Central Government, then that very woman would be eligible to apply for the certificate provided that her parents do not receive any kind of income.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It is not counted for 3rd and below class level. You comes under creamy layer.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Since your father joined as worker and was promoted to class 1 officer after age if 40 his salary should not be counted 

 

The salary of a public sector undertaking employee should not be taken into account while deciding whether his children are ruled out of OBC reservation by the creamy layer clause, Madras High Court has ruled, 

 

 

 

2)The high court has rejected a central government clarification of 2004 that allowed low and middle-ranking PSU staff's salary to be counted while determining their possible creamy layer status while exempting government staff of similar rank.

 

 

 

Ajay Sethi
Advocate, Mumbai
99851 Answers
8148 Consultations

As per law and ruling of the Courts, it is annual income of parents which should not exceed more than 8 Lakhs is the criteria to decide the category for claim of OBC NCL .

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Even though it is a PSU, the rules applicable for government employees shall apply in this regard also.

If your father  joined the organization as junior workman and was promoted to officer cadre (Class - I), after  40 years of age, then he   do not fall under the creamy layer.

Thus you re eligible for the privileges under non  creamy layer and the salary income is not a criteria to compute the annul income of the family.

 

T Kalaiselvan
Advocate, Vellore
90055 Answers
2499 Consultations

Yes it will not be counted. But in case of salary it will be exempted. As salary and agricultural income is not taken into consideration

Prashant Nayak
Advocate, Mumbai
34569 Answers
249 Consultations

In order to qualify as an OBC non-creamy layer candidate, the applicant's parents' annual income should be less than Rs. 8  lakhs. 

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

You are not eligible for a non creamy layer category.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

- Yes, your fathers salary would be counted . 

- Hence , you are not eligible to get OBC -NCL . 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Dear Sir/Madam,

You are suggested the salary of the father will be surely counted for the purpose of the said certificate. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Yes income of your father will be counted 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Income of your father will not be considered for NCL certificate if he doesn't get promoted to grade 2 officer before age of 40 years. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Ask a Lawyer

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