For the jobs under the Central Government, if the parents of an applicant entered the service as Class I officer before the age of 40 (direct recruitment), the applicant is considered as a creamy layer.

Also, if both the parents of the candidates entered into service as class II officers, before the age of 40 (direct recruitment), and entered into the service before the age of 40, the applicant is considered as a creamy layer.

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

Salary and agricultural income are not to be considered as income for calculating annual income for creamy layer status.

For private sector employees salaries and agricultural income are excluded in determining OBC NL certificate 

as per clause 10 of OM dated14 th October 2004 it is clarified in determining  Income/Wealth Test to determine creamy layer status of any candidate as given
Category-VI of the Schedule to the GM, income from the salaries and income from the agriCultural .land shall not be taken into account It means that if income from salaries of the parents of any candidate is more. than Rs 8 lakhs  per annum, income
from agricultural land is 'more than Rs. 8 lakhs per annum, but income from other sources is less than Rs 8 lakhsper annum, the cAndidateshall not be treated to be
falling in creamy layer 

Your child is eligible for OBC NCL certificate 

You come within the obc ncl category. 

_MegdrAZIreParAr.r7r71.7..7
•- _
36033/3,'2004-Tstt(Res) GOVERNMENT OF INDIA
ivill\FiSTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS DEPARTMENT OF PERSONNEL & TRAINING
**-*4,4,
New Delhi, Dated ; the 14thOctober, 2004
To
The Chief Secretaries of all the States /Union Territories.
Subject: Clarifications regarding creamy layer amongst OBCs.
I am directed to invite your attention to the Schedule to this Department's GM N9.36012/32/93-(SCT) dated 8thSeptember, 1993 which contains the criteria to
deterrnine the creamy layer amongst the OBCs. In regard to the children of the persons in civil services of the. Central and the State Governments, it provides that
son(s) and daughter(s) of:
parents, both of whOm are directly recruited Class I/Group A officers; (b) pa:-,-nts, either of whom is a directly recruited Class I/Group A officer:
parents, both of whom are directly recruited Class I/Group A officers, but one of them dies or suffers pernianentincapacitation;
parents, either of whom is a directly recruited Class I/Group A officer and such parent dies or suffers permanent incapacitation and befate such death or such incapacitation has had the benefit of employment in any
International Oreainsalion like UN, IMF. World Bank, etc. for a period of not less than 5 years;
parents, both of whom arc directly recruited Class I/G.roup A officers and both of them -die or stiffer permanent-incapacitation and before such death or such incapacitation of the both, .either of them has. had the benefit of employment in any International Org-ainsation like UN, IMF, World Bank, etc. for a period of not less than 5 years;
parents both. of whom are directly recruited Class II/Group B officers; .
parents of whom only the: husband is a directly recruited Class IY /Group B officer and he gets into Class l//Group A at the age of 40 or earlier;
(a)
(c)
(d)
(e)
(r)

,,..:1—,.,2A9VARKIWISIIMITKIIWAERAMPOSM0 nunotamo•rtniFeerhnues•••••••••••••••••••■••••—.. 4,•
y
(i)
U)
World Bank, etc. for a period .of not less than 5 years:
or pre- forty Class I/ Group A officer (direct recruit
(11)
and one of them dies or suffers permanentd Class II/ Group
parents, both of whom are_directly recruite
them has had the benefit of employment in incapacitation p B officers
like
parents of 'whOm the husband is a
any International O d either of an rganisation
B officer
parents, of whom wife is a Class I/Group A officer (Direct Recruit or pre,.
promoted) and the wife is a directly recruited Class II /Grou and the wife dies; or suffers permanent incapacitation; .anal
p forty promoted) .and the husband is a directly -recruited Class Il/Grou.p B
officer and the husband dies or suffers permanent incapacitation shall be treated as falling in creamy layer.
The Schedule further provides that sons and daug.hters of:
(ii)
(iii)
shall not r)e treated to be falling in creamy layer. -
3.
(i)
I/Group A officer directly recruited C
parents either of whom or both of whom are
incapacitation; (s) and such parent(s) dies/die or suffers/suffer permanent
parents both of whom are directly recruited Class II/Group B officers and one of them dies or suffers permanent incapacitation;
. both y recruit
pareonftsthbeomththoef whin arc directled Class II/Group B officers and
them has, ad die or suffer permanent incapacitation even though either of
like UN, IMP, benefit of employment -in any International
World Bank, etc. for a period of not their death or perma.nent incapacitation
Organisation less than 5 years before
The criteria prescribed
daughters of persons in Government
for determining creamy layer status of sons and
service
and daughters of persons holding equivalent orrncuotmatpisarmabinleandis applies to the sons
under private employment. The creamy layer status of the sons and daughters of employees of organizations where evaluatio
Insurance Organisations, Universities etc. .and. also holding ePqSu-iUvsa,l1e3natnoksr, comparable posts and positions
posts on equivalent or comp n
basis of ealth Tesarable basis has not been made of the
'IncomeAVt' given in the
is determined on the
prescribes in
Sehedule. The Income/ Wealth Test that the sons and daughters of persons having gross annUal
Rs.2.5 lakh or above or possessing wealth above the exemption limit as income of prescribed
posts in

in the Wealth Tax Act for a period of three consecutive years would be treated to all in creamy layer. An explanation is given below the Income/Wealth Test which
provide:, that 'income from salaries or a eficit I tura! land shall not be clubbed.'
Following-question's have been raised from time to time about the application of the.above provisions to determine creamy layer:
(i)Will the sons and daughters of parents either of whom or both of whom are. directly recruited Class 1/Group A officer(s) and such parent(s)
dies/die or su flersIsuffer permanent incapacitation treated to be excluded from the creamy layer?
after retirement be
the sons and daughters of parents both of whom are directly recruited Class II/Group B officers- and one of them dies or suffer permanent incapacitation after retirement be treated to be excluded from the creamy layer?
(iii)Will the sons and daughters of parents both of whom are directly recruited Class 1I/Group 13 officers and both of them die or suffer permanent .incapacitation'after -rctirement"even though either of them has had got the benefit of employment in any International Organisation like UN, IMF, World Bank, etc. for a-period of not less than 5 years before their death or permanent incapacitation be treated to be excluded from the purview of creamy laver?
(iv)Will the sons and daughters of parent(s) who retire from the service on the basis of which their sons and daughters fail in creamy layer, continue to fall in creamy layer after retirement of the parent(s)?
(v) Will the sons and daughters of parents of whom husband is direcHy recruited' Class III/Grout C of Class IV/Grolip employee and he Reds
into Class I/Group 'A at the age of 40 or earlier be treated to be failing in creamy layer?
(vi)Will a candidate who himself is a directly recruited Class I/Group .A officer or a directly recruited Class II/Group B officer who got into Class I/Group A at the age of 40 or earlier be treated to be failing in creamy laver on the baSiS of his service status?
(vii)Will a candidate who has gross annual income of Rs.2.5 lahh or above or possesses wealth above the exemrkion limit as prescribed in the Wealth Tax Act for a period of three consecutive years -be treated to fall in creamy layer?

•
t
(viii)The instructions provide that a lady bclonginz to OBC category who
has got married to a directly recruited Class liGroup A officer.shall not be
treated as falling in creamy layer on the basis of her marriage. Will a man
belonging to OBC category who is married to a directly recruited Class
I/Group 'A: officer be treated as falling in creamy layer on the basis of his marriage?
(ix)How will be the Income/Wealth Test apply in ease of sons and daughters
of parent(s) employed in P.s us etc. in :.which equivalence or comparability of posts has not been established vis-a-vis posts in the Government?
(x)What is the scope of the explanation, 'InCoinc_,from salaries or agricultural land shall not be clubbed, given below the Income! Wealth Test?
,5. It is clarified in regard to clauses fi), (ii) -and (iii) of para 4 that the sons and daughter-sof
(a) parents either of whom or bbth of whom are directly recruited Class
I/Group A officer:) and such parent(s) dies/die o; sufferslsuffer permanent incapacitation while in service;
(b) parents both of whom are directly•recruited Class 11/Group B officers and
one of them dies orsuffers permanent incapacitation 1.vhile. in service; and
(c) parents both of whom are directly recruited Class II/Group B officers and bOth of them die or suffer permanent ineapacitatibt:Nsvhile in service, even
thOugh 'either of them has had the 'benefit of employment in International Organization i.ike UN:INIF, World Bank, etc. for a period of not leSs than 5 years before their death or permanent incapacitatiOn
are not treated to be falling in creamy layer. But;if the parent(s) diesidie or
suffers/suffer permanent incapacitation in such cases after retirement frOm service, Lis/their sons and daughters would be treated to be falling in creamy laver and would not get the benefit of reservation.
6.
parents shall continue to be treated in creamy layer even if their parents have retired or have died after retirement.
In regard to clause (iv) of pa.ra 4, it is clarified that sons and daughters of parents who are included in the creamy layer on the ba_sis of s.ervicc status of their
any

KIRIgiiMBISSOLTRIOg
5-
*-Irrregard to clause (v).of para 4, it is clarified that the sons and daughters of parents of whom only the husband is a directly recruited Class II/Group B officer who gets into Class I/Group A at the age of 40. or earlier are treated to be in creamy
layer. If the father is directly recruited Clas-s III/Group C or Class IV/Group D employee and he gets into Class I/Group A at the age of 40 or earlier, his sons and
daughters shall not be treated to be falling in creamy layer.
8. In regard to clauses (vi), (vii) and (viii) of para 4, it is clarified that the creariiy layer status of a candidate is determined on the basis of the -status of his parents and not on the basis of his own status or income or on the basis of.status or income of insiher spouse. Therefore. while determining.the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall
not be taken, into account.
In regard to clause (ix) of para 4, it is clarified that the creamy layer status of sons and daughters of .persons employed in organizations where equivalence or comparability of posts vis--Yis- posts in Government has not been evaluated is
determined as follows:
Income of the parents. from the salaries and from the other sources [other than salaries and agricultural land] is determined separately. If either the income of the parents from the salaries or the income of the parents from other sources [other than salaries and agricultural(
land] exceeds the limit of Rs.2.5 lakh per annum for -a period ofthree consecutive years, the sons and daughters of such persons shall be
9.
treated to fall in creamy layer. But the sons and daughters of parents
whose. income from salaries is less than Rs. 2.5 lakh per -in.riurn and income from other sources is also less than Rs.2.5 laith per annum
will not be -treated as falling in crcnmy layer even if the sum of the- income from salaries and the incorn,:i from the other sources is more
than Rs.2.5 lakh per annum for a period of three consecutive years. It may be noted that Income from agricultural land is not taken into
account while applying the Test.
In regard to clause (x) of para 4, it is clarified that while applying the
10. ire Income/Wealth Test to determine creamy layer status of any candidate as given
Category-VI of the Schedule to the GM, income from the salaries and income from the agriCultural .land shall not be taken into account It means that if income from salaries of the parents of any candidate is more. than P. 2.5 Inkb per annum, income
from agricultural land is 'more than Rs. 2.5 lakh per annum, but income from other sources is less than Rs 2:5 lakh per annum, the cLinc(iclate shall not be treated to be
falling in creamy layer on the basis of incomcf\Vnith Test provided Ills parent(s)

,geilr.40?2011194INFIAIMMIgtViPmffixonetwac.rorsnaaaramme.
do riot possess wealth above the exemption limit as prescribed in the Act for a period of three consecutive years.
11. You are requested to bring the contents of this letter to all concerned in the State.
Copy to:- 1.
2.
3.
5. 6.
7,
Yours faithfully,
. Verma) Deputy Secretary to the Govt. of India
Ministries /Departments of Govt. of India
Department of Economic Affairs (Banking Division), New Delhi
Department of Economic..Affairs„(Insuranees-Division), New Delhi Department of Public Enterprises, New Delhi,
Railway Board,
Union Public Service Commission / Supreme Court of India / Election
Commission / Lok. Sabha. Secretariat / Rajya Sabha Secretariat / Cabinet
Secretariat / Central Vigilance' Commission President's Secretariat /
Prime Minister's Office I Planning Commission/ National Commission for Backward Classes.
Staff Selection Commission, COO Complex., Lodi Road, Nev..,Delhi. Office of the Comptroller cr'. Auditor General of Indii; 10, ..Bahadur Shah
Zalar Marg, Nev Delhi.
With the request-to bring the contents of this letter to the notice of all concerned.

_MegdrAZIreParAr.r7r71.7..7
•- _
36033/3,'2004-Tstt(Res) GOVERNMENT OF INDIA
ivill\FiSTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS DEPARTMENT OF PERSONNEL & TRAINING
**-*4,4,
New Delhi, Dated ; the 14thOctober, 2004
To
The Chief Secretaries of all the States /Union Territories.
Subject: Clarifications regarding creamy layer amongst OBCs.
I am directed to invite your attention to the Schedule to this Department's GM N9.36012/32/93-(SCT) dated 8thSeptember, 1993 which contains the criteria to
deterrnine the creamy layer amongst the OBCs. In regard to the children of the persons in civil services of the. Central and the State Governments, it provides that
son(s) and daughter(s) of:
parents, both of whOm are directly recruited Class I/Group A officers; (b) pa:-,-nts, either of whom is a directly recruited Class I/Group A officer:
parents, both of whom are directly recruited Class I/Group A officers, but one of them dies or suffers pernianentincapacitation;
parents, either of whom is a directly recruited Class I/Group A officer and such parent dies or suffers permanent incapacitation and befate such death or such incapacitation has had the benefit of employment in any
International Oreainsalion like UN, IMF. World Bank, etc. for a period of not less than 5 years;
parents, both of whom arc directly recruited Class I/G.roup A officers and both of them -die or stiffer permanent-incapacitation and before such death or such incapacitation of the both, .either of them has. had the benefit of employment in any International Org-ainsation like UN, IMF, World Bank, etc. for a period of not less than 5 years;
parents both. of whom are directly recruited Class II/Group B officers; .
parents of whom only the: husband is a directly recruited Class IY /Group B officer and he gets into Class l//Group A at the age of 40 or earlier;
(a)
(c)
(d)
(e)
(r)

,,..:1—,.,2A9VARKIWISIIMITKIIWAERAMPOSM0 nunotamo•rtniFeerhnues•••••••••••••••••••■••••—.. 4,•
y
(i)
U)
World Bank, etc. for a period .of not less than 5 years:
or pre- forty Class I/ Group A officer (direct recruit
(11)
and one of them dies or suffers permanentd Class II/ Group
parents, both of whom are_directly recruite
them has had the benefit of employment in incapacitation p B officers
like
parents of 'whOm the husband is a
any International O d either of an rganisation
B officer
parents, of whom wife is a Class I/Group A officer (Direct Recruit or pre,.
promoted) and the wife is a directly recruited Class II /Grou and the wife dies; or suffers permanent incapacitation; .anal
p forty promoted) .and the husband is a directly -recruited Class Il/Grou.p B
officer and the husband dies or suffers permanent incapacitation shall be treated as falling in creamy layer.
The Schedule further provides that sons and daug.hters of:
(ii)
(iii)
shall not r)e treated to be falling in creamy layer. -
3.
(i)
I/Group A officer directly recruited C
parents either of whom or both of whom are
incapacitation; (s) and such parent(s) dies/die or suffers/suffer permanent
parents both of whom are directly recruited Class II/Group B officers and one of them dies or suffers permanent incapacitation;
. both y recruit
pareonftsthbeomththoef whin arc directled Class II/Group B officers and
them has, ad die or suffer permanent incapacitation even though either of
like UN, IMP, benefit of employment -in any International
World Bank, etc. for a period of not their death or perma.nent incapacitation
Organisation less than 5 years before
The criteria prescribed
daughters of persons in Government
for determining creamy layer status of sons and
service
and daughters of persons holding equivalent orrncuotmatpisarmabinleandis applies to the sons
under private employment. The creamy layer status of the sons and daughters of employees of organizations where evaluatio
Insurance Organisations, Universities etc. .and. also holding ePqSu-iUvsa,l1e3natnoksr, comparable posts and positions
posts on equivalent or comp n
basis of ealth Tesarable basis has not been made of the
'IncomeAVt' given in the
is determined on the
prescribes in
Sehedule. The Income/ Wealth Test that the sons and daughters of persons having gross annUal
Rs.2.5 lakh or above or possessing wealth above the exemption limit as income of prescribed
posts in

in the Wealth Tax Act for a period of three consecutive years would be treated to all in creamy layer. An explanation is given below the Income/Wealth Test which
provide:, that 'income from salaries or a eficit I tura! land shall not be clubbed.'
Following-question's have been raised from time to time about the application of the.above provisions to determine creamy layer:
(i)Will the sons and daughters of parents either of whom or both of whom are. directly recruited Class 1/Group A officer(s) and such parent(s)
dies/die or su flersIsuffer permanent incapacitation treated to be excluded from the creamy layer?
after retirement be
the sons and daughters of parents both of whom are directly recruited Class II/Group B officers- and one of them dies or suffer permanent incapacitation after retirement be treated to be excluded from the creamy layer?
(iii)Will the sons and daughters of parents both of whom are directly recruited Class 1I/Group 13 officers and both of them die or suffer permanent .incapacitation'after -rctirement"even though either of them has had got the benefit of employment in any International Organisation like UN, IMF, World Bank, etc. for a-period of not less than 5 years before their death or permanent incapacitation be treated to be excluded from the purview of creamy laver?
(iv)Will the sons and daughters of parent(s) who retire from the service on the basis of which their sons and daughters fail in creamy layer, continue to fall in creamy layer after retirement of the parent(s)?
(v) Will the sons and daughters of parents of whom husband is direcHy recruited' Class III/Grout C of Class IV/Grolip employee and he Reds
into Class I/Group 'A at the age of 40 or earlier be treated to be failing in creamy layer?
(vi)Will a candidate who himself is a directly recruited Class I/Group .A officer or a directly recruited Class II/Group B officer who got into Class I/Group A at the age of 40 or earlier be treated to be failing in creamy laver on the baSiS of his service status?
(vii)Will a candidate who has gross annual income of Rs.2.5 lahh or above or possesses wealth above the exemrkion limit as prescribed in the Wealth Tax Act for a period of three consecutive years -be treated to fall in creamy layer?

•
t
(viii)The instructions provide that a lady bclonginz to OBC category who
has got married to a directly recruited Class liGroup A officer.shall not be
treated as falling in creamy layer on the basis of her marriage. Will a man
belonging to OBC category who is married to a directly recruited Class
I/Group 'A: officer be treated as falling in creamy layer on the basis of his marriage?
(ix)How will be the Income/Wealth Test apply in ease of sons and daughters
of parent(s) employed in P.s us etc. in :.which equivalence or comparability of posts has not been established vis-a-vis posts in the Government?
(x)What is the scope of the explanation, 'InCoinc_,from salaries or agricultural land shall not be clubbed, given below the Income! Wealth Test?
,5. It is clarified in regard to clauses fi), (ii) -and (iii) of para 4 that the sons and daughter-sof
(a) parents either of whom or bbth of whom are directly recruited Class
I/Group A officer:) and such parent(s) dies/die o; sufferslsuffer permanent incapacitation while in service;
(b) parents both of whom are directly•recruited Class 11/Group B officers and
one of them dies orsuffers permanent incapacitation 1.vhile. in service; and
(c) parents both of whom are directly recruited Class II/Group B officers and bOth of them die or suffer permanent ineapacitatibt:Nsvhile in service, even
thOugh 'either of them has had the 'benefit of employment in International Organization i.ike UN:INIF, World Bank, etc. for a period of not leSs than 5 years before their death or permanent incapacitatiOn
are not treated to be falling in creamy layer. But;if the parent(s) diesidie or
suffers/suffer permanent incapacitation in such cases after retirement frOm service, Lis/their sons and daughters would be treated to be falling in creamy laver and would not get the benefit of reservation.
6.
parents shall continue to be treated in creamy layer even if their parents have retired or have died after retirement.
In regard to clause (iv) of pa.ra 4, it is clarified that sons and daughters of parents who are included in the creamy layer on the ba_sis of s.ervicc status of their
any

KIRIgiiMBISSOLTRIOg
5-
*-Irrregard to clause (v).of para 4, it is clarified that the sons and daughters of parents of whom only the husband is a directly recruited Class II/Group B officer who gets into Class I/Group A at the age of 40. or earlier are treated to be in creamy
layer. If the father is directly recruited Clas-s III/Group C or Class IV/Group D employee and he gets into Class I/Group A at the age of 40 or earlier, his sons and
daughters shall not be treated to be falling in creamy layer.
8. In regard to clauses (vi), (vii) and (viii) of para 4, it is clarified that the creariiy layer status of a candidate is determined on the basis of the -status of his parents and not on the basis of his own status or income or on the basis of.status or income of insiher spouse. Therefore. while determining.the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall
not be taken, into account.
In regard to clause (ix) of para 4, it is clarified that the creamy layer status of sons and daughters of .persons employed in organizations where equivalence or comparability of posts vis--Yis- posts in Government has not been evaluated is
determined as follows:
Income of the parents. from the salaries and from the other sources [other than salaries and agricultural land] is determined separately. If either the income of the parents from the salaries or the income of the parents from other sources [other than salaries and agricultural(
land] exceeds the limit of Rs.2.5 lakh per annum for -a period ofthree consecutive years, the sons and daughters of such persons shall be
9.
treated to fall in creamy layer. But the sons and daughters of parents
whose. income from salaries is less than Rs. 2.5 lakh per -in.riurn and income from other sources is also less than Rs.2.5 laith per annum
will not be -treated as falling in crcnmy layer even if the sum of the- income from salaries and the incorn,:i from the other sources is more
than Rs.2.5 lakh per annum for a period of three consecutive years. It may be noted that Income from agricultural land is not taken into
account while applying the Test.
In regard to clause (x) of para 4, it is clarified that while applying the
10. ire Income/Wealth Test to determine creamy layer status of any candidate as given
Category-VI of the Schedule to the GM, income from the salaries and income from the agriCultural .land shall not be taken into account It means that if income from salaries of the parents of any candidate is more. than P. 2.5 Inkb per annum, income
from agricultural land is 'more than Rs. 2.5 lakh per annum, but income from other sources is less than Rs 2:5 lakh per annum, the cLinc(iclate shall not be treated to be
falling in creamy layer on the basis of incomcf\Vnith Test provided Ills parent(s)

,geilr.40?2011194INFIAIMMIgtViPmffixonetwac.rorsnaaaramme.
do riot possess wealth above the exemption limit as prescribed in the Act for a period of three consecutive years.
11. You are requested to bring the contents of this letter to all concerned in the State.
Copy to:- 1.
2.
3.
5. 6.
7,
Yours faithfully,
. Verma) Deputy Secretary to the Govt. of India
Ministries /Departments of Govt. of India
Department of Economic Affairs (Banking Division), New Delhi
Department of Economic..Affairs„(Insuranees-Division), New Delhi Department of Public Enterprises, New Delhi,
Railway Board,
Union Public Service Commission / Supreme Court of India / Election
Commission / Lok. Sabha. Secretariat / Rajya Sabha Secretariat / Cabinet
Secretariat / Central Vigilance' Commission President's Secretariat /
Prime Minister's Office I Planning Commission/ National Commission for Backward Classes.
Staff Selection Commission, COO Complex., Lodi Road, Nev..,Delhi. Office of the Comptroller cr'. Auditor General of Indii; 10, ..Bahadur Shah
Zalar Marg, Nev Delhi.
With the request-to bring the contents of this letter to the notice of all concerned.

For calculation of annual income for NCL status income from salary is not excluded. Earning  from salary is chief source of income, it cannot be excluded. As income from agricultural is not taxable, the same is excluded for determination of NCL. If such (salary)  income is excluded, ninety-nine per cent aspirant will be eligible for NCL privilege, there cannot be such Rules contrary to principle of common sense.   

- As per law, in case of private job /business etc. , the total family income from all the sources should not be more than 8 lakh for getting the OBC NCL status .

- Since, your husbands annual income is more than 8.0 Lacs for last 3 consecutive years. Hence, your child is not entitled to get the facility of OBC NCL.

You are. Eligible for the said benefits

The salary income of the government employees only shall be exempted from computing the annual income of the family members to decide about the non creamy layer status to the candidate applying under the reservation for OBC in non creamy layer category.

The income from agriculture is exempted to all the category of people.

The  salary income of employees of private sector is taken into consideration for computing the annual income of the family members, accordingly you will come under creamy layer hence the privilege of OBC non creamy layer cannot be availed since your  annual income is more than Rs. 8 lakhs  

Based on the information furnished by you it can be seen that your family's annual income is more than 13 lakhs per annum and that too it is continuously for more than 3 years as on the date, therefore your child will not be entitled for reservation meant for OBC non creamy layer candidates.  

The proposal to increase the salary income up to Rs. 15 lakhs to grant exemption for private employees for non creamy layer of OBC category has not been decided or accepted by the government yet

Therefore the prevailing conditions, i.e., the employees of private sector who draw the salary beyond Rs. 8 lakhs per annum are not eligible for privilege or reservation under non creamy lawyer category of OBC. 

 the present the salary income ceiling of Rs. 8 lakhs is still in vogue as far as the private employees are are concerned.

The proposal to increase the salary income up to Rs. 15 lakhs to grant exemption for private employees for non creamy layer of OBC category has not been decided or accepted by the government yet

Therefore the prevailing conditions, i.e., the employees of private sector who draw the salary beyond Rs. 8 lakhs per annum are not eligible for privilege or reservation under non creamy lawyer category of OBC. 

 the present the salary income ceiling of Rs. 8 lakhs is still in vogue as far as the private employees are are concerned.

Dear Client, 

                   Income Limit of determining the Non-Creamy Layer Status of OBCs. In order to qualify as an OBC non-creamy layer candidate, the applicant's parents' annual income should be less than Rs. 8 lakhs. Salary and agricultural income are not to be considered as income for calculating annual income for creamy layer status.However, regarding parents under private employment or private business, annual income is the main criterion. Nevertheless, salary and income from other sources should be considered separately.

Thanks & Regards