• Am I eligible for OBC NCL certificate

My father worked under TNEB (TamilNadu Electricity Board - Public Sector Undertaking PSU). My mother has not worked (Home Maker).
He joined as Junior Assistant (Group C/ Class III) and got retired in 2010 as Deputy Secretary (Group A / Class I). He was in Group A post for around one year. His salary exceeded 8 lakhs per annum only during the last year of retirement. Before that, his salary was less than 8 lakhs per annum. 

Now, pension for financial years... 
2020-21 -> greater than 8 lakhs
2019-20 -> less than 8 lakhs
2018-19 -> less than 8 lakhs 
2017-18 -> less than 8 lakhs 

Also, he has no other sources of income other than salary/pension so far. Please let me know if I belong to Creamy Layer or Non-Creamy Layer. 

PS: Details regarding the Creamy/Non-Creamy Layer for PSU parents are not specified clearly anywhere. Few places, it is mentioned like, if they worked as Managerial Posts itself, then they would be considered as Creamy Layer. Few places it is mentioned like, if equivalence of posts with State/Central Govt. is determined, then rules would be applied accordingly. 
Also, am not sure, if pension will be taken into consideration. If pension needs to be considered, then please confirm, will it be considered as Non-Creamy Layer, if pension is less than 8 lakhs in at least one of the past 3 consecutive financial years ?
Asked 4 years ago in Labour

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

The last posting is relevant in your case. As per the facts provided you come under the obc creamy layer category.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Since your father was a government/PSU employee, his salary shall not be taken into account for computing the annual income of the family assess your category as creamy or non creamy layer.

He joined as Group C employee and had not been promoted to Gp A post within 40 years of age, hence he falls within the bracket of the non creamy layer and thus you will be eligible for the privileges or benefits that are reserved for the candidates belonging to OBC NCL category.   

Do not get confused or perplexed by over reading through internet or by half knowledge persons' ill advises.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You would fall under OBC NL as your father joined as class 3 employee and only promoted to class 1 after 40 years 

 

further his last 3 years average gross income is less than Rs 8 lakhs 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir,

 You may get such certificate as it does not depend upon income criteria but depends upon various other parameters.  

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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

- 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. 

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

- However, as your fathers average income for the last three years is less than 8 Lakh, hence you are entitled to get the OBC-NCL Certificate 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear sir/maam,

the father falls within the bracket of the non creamy layer and you will be eligible for the privileges or benefits that are reserved for the candidates belonging to the OBC NCL category.   

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

1. Your father was a Group A Class -I Officer drawing more than Rs.8 lakhs per annum.

 

2. You will not be considered as Nom Creamy Layer.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Yes you are eligible for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Ask a Lawyer

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