• Non creamy layer for son of retired bank employee promoted from Gr-C to Gr-A before age 40

1. My father retired in 2016 as a scale -1 officer
2. He joined as a clerk and got promoted to scale 1 at 35 years of age.
3. I got my OBC certificate in 2019.
4. I don't know how application forms were filled as it was done by my father but I do have a non-creamy layer OBC certificate. My guess is that, since my father applied for my OBC cert after his retirement, and the affidavit with the application form asks for present job details, he did not fill in anything related to his past job. The cert was issued based on his post-retirement income which was below the limit. The certificate itself is not fake or anything because I can check the certificate online. I have also renewed the certificate once in 2022, with my father's last year income certificate.

MY doubt: 
1.Even though I have OBC non-creamy layer certificate I doubt whether I can be in trouble in the future due to the fact that my father was promoted to scale -1 officer in PSB before 40 years of age. I have not used the OBC certificate till now but I do intend to use it for appearing in Govt. Jobs.

please clarify whether I should use my OBC certificate or not.

I have done some search myself which I am summarising below:
1. OM 360l2/22/93- ESTT. (SCT) Dated 8 Sep. 1993 talks about the exclusion of Directly recruited Gr- A & Gr-B officers but nothing on Gr-C officers.

2. DOPT letter no. 36033/5/2004-Estt(Res) Dated 14th Oct 2004 clarifies in point 7 that, for person joining in Gr-C, their child will not be falling in creamy layer even if they get promoted to Gr-A before 40. link http://www.ncbc.nic.in/Writereaddata/dopteng.pdf

3. OM no. 41034/2013-Estt.(Res.) Dated 6 Oct 2017 clarifies in Annexure-II that clerk in PSB is group C. However the language here is confusing and I think the interpretation of this will help answering my doubt. 
Quote:
Clerks and peons in Public sector banks,FI and ...will be treatead as equivalent to Gr C in the GOI. Accordingly as per O.M dated 08.09.1993, officers belonging to JMGS-1 and above will be considered as creamy layer. Gor clerks and peons in PSBs.., the income criteria vide O.M referred above i.e Rs.6.0 Lakhs per....applicable. These will be applicable with an exception being provided vide O.M dated 08.09.1993 of DoP&T as under:
i) Son(s) and daughter(s) , if father/mother is clerk and Peon of PSB...employee and he gets into JMG Scale-1 of PSB at age of 40 or earlier.
Unquote

Here at the exception clause, the doubt is there. As per O.M of What is the interpretation of this? Is it saying that for Gr-C promoted people even if they get to Scale -1 before 40 they will not be considered as a creamy layer or the opposite of it?

Please enlighten me
Asked 7 days ago in Labour

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4 Answers

Scale I officer of bank do not come under group I category.

May be the scale III onwards they may fall into the group I category.

If at all there's an inquiry it will be with the authority which issued this certificate about the genuineness that is whether it is the certificate issued by them or not.

Hence without any problem about it yet why do you want to create one for yourself by such thoughts.

T Kalaiselvan
Advocate, Vellore
78541 Answers
1554 Consultations

5.0 on 5.0

You would fall under non creamy layer as your father joined as group C and subsequently got promoted to group A 

 

clause 7 of DOPT circular dated 14 th October 2014 squarely covers your case 

Ajay Sethi
Advocate, Mumbai
88383 Answers
6227 Consultations

5.0 on 5.0

If he is directly recruited it that level then it's not available. Otherwise he can avail

Prashant Nayak
Advocate, Mumbai
27587 Answers
88 Consultations

4.4 on 5.0

Dear Client,

Had your father been directly recruited in group B/class II and promoted to class I at the age of 40 or before that; you were to fall in the creamy layer.

Salary is not a criteria for government employees. Only grade is. Unless, one of the parent becomes a group A officer before 40, their ward is eligible.

If the parents enters Group-A through promotion before the age of 40, their children will be in the creamy layer.

 

Thank You.

 

Anik Miu
Advocate, Bangalore
5011 Answers
53 Consultations

4.9 on 5.0

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