• Clarification for availing reservation under OBC-NCL

I am currently preparing for competitive exams. I would like to avail myself of the reservation under OBC-NCL category.

My father has retired from RBI and is currently drawing pension. He initially joined as a class-III employee and subsequently got promoted to Class I as officer at the age of 47. He was a class III staff at the age of 40.

He retired at the age of 60 and currently has the following sources of income:

1. Monthly pension post retirement.
2. Interest earned on PF and Gratuity received on retirement invested in Postal savings and LIC under various schemes and FDs in scheduled banks of the government.
3. Income from house-property.

From the above I wish to clarify what is the rank criteria applicable for reservation under OBC-NCL and what is the income criteria. If the income criteria apply, which income sources are considered for a retired RBI pensioner to determine if they fall under the income limit. 
After excluding my father's pension Income and Income tax paid on the above source of income from the parental income, the net income does not exceed the threshold limit of 8 lakhs per annum, for the preceding three years i.e., 2022-23, 2023-24 and 2024-25. Am I eligible under OBC-NCL for reservation.

I sincerely seek your guidance in the matter, please.
Asked 3 months ago in Civil Law

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8 Answers

Since your father was appointed in the class III category and was promoted to Class I  category only at the age of 47 years, he very well fall under the OBC non creamy layer only. 

The pension is also considered as salary income which is totally exempted for computation of family's annual income, hence the pension income is not taken into consideration for issuing the OBC NCL certificate, besides the income from other sources are not exceeding the threshold limit of Rs. 8 lakhs per year in the last three preceding financial years, you are very much eligible for the reservation/concession under OBC NCL category.

 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Based on your facts, you are eligible for OBC-NCL reservation. The rank and income criteria are as follows:

Since your father was initially a Class III (non-gazetted) employee and was promoted to Class I officer after the age of 40 (at 47), he does not fall under the category that excludes government officers’ children from OBC-NCL. The key factor is the age at which he entered Class I—since it was after 40, you qualify under the OBC-NCL rules applicable to government employees.

For income, your father's pension and salary are not counted towards the ₹8 lakh annual limit. Only income from sources such as property (rent) and interest on investments is taken into account. As long as all these other incomes (other than pension and salary) do not exceed ₹8 lakh per annum for the last three years, you remain eligible for OBC-NCL reservation.

Provide proof of his service record and calculation of eligible income when applying for the certificate. Your circumstances clearly fit the legal requirements for OBC-NCL.

Yuganshu Sharma
Advocate, Delhi
944 Answers
2 Consultations

You are eligible for OBC NL certificate as your father income during last 3 years dint exceed Rs 8 lakhs 

 

further your father joined as class 3 and got promoted after age of 40 as class1 officer his I salary is  not considered .his pension would bot be considered 

Ajay Sethi
Advocate, Mumbai
99754 Answers
8141 Consultations

His income from salary will not be included for the obc NCL. You will be eligible for the NCL 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

You are eligible for OBC-NCL reservation.

For your application, you will need to obtain the OBC-NCL certificate from the competent authority (usually Tehsildar/SDM), attaching your father’s service proof (showing promotion after 40) and income certificate excluding pension.

Adarsh Kumar Mishra
Advocate, New Delhi
195 Answers

For OBC-NCL:

  • Service criteria apply first: Since your father was Class III staff at 40 and became Class I officer only after 40, he is not excluded from OBC-NCL.

  • Income criteria: Pension, PF interest, gratuity investments, FDs, house property etc. are not counted; only income from salary, business/profession is considered.

  • As your family income from these heads is within ₹8 lakh limit, you are eligible for OBC-NCL reservation.

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

 

  • Since your father became Class I after age 40, the service criterion does not exclude you.

  • Pension is not counted towards the ₹8 lakh limit.

  • Only income from property, interest, and other sources is considered.

  • If that amount is below ₹8 lakh in the last 3 years, you qualify for OBC Non-Creamy Layer certificate and are eligible for reservation benefits.

for more details you can take my consultation

regards,

Adv. Arunkumar Khedia

(Bombay High Court)

 

Arunkumar Khedia
Advocate, Mumbai
92 Answers

Dear Client, 

For OBC-NCL eligibility, two sets of criteria apply  (1) status/position criteria of the parents, and (2) income criteria. Since your father was in RBI service, what matters is the highest post held before retirement: children of parents who entered service in Class-III and were promoted to Class-I after the age of 40 are not excluded from OBC-NCL, so the rank criterion does not bar you. On the income side, the ₹8-lakh “creamy layer” ceiling is calculated only on taxable income from sources other than salary and agricultural income; importantly, pension is treated as continuation of salary and is excluded, and similarly, terminal benefits like gratuity, PF, commuted pension, and interest earned from investing those amounts are not counted toward the creamy layer income only regular income from house property, business, or other taxable sources is considered. Therefore, if after excluding your father’s pension and such retirement benefits, the family’s taxable non-salary income has been below ₹8 lakh for the last three financial years, you would qualify for OBC-NCL status and can avail a reservation in competitive exams.

I hope this answer helps you. For any further queries, please do not hesitate to contact us. Thank You. 

Anik Miu
Advocate, Bangalore
11006 Answers
125 Consultations

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