My father joined as grade C employee and got promoted to grade B non gazetted in a central govt job. He is currently retired and has pension of 7.2 lacs reflected in ITR. My mother is housewife and she has around 1 lac income from capital gains which also reflects in her ITR. So am I eligible for NC OBC? Will my father's pension be counted in income or only mother's capital gains be counted?
2)your father’s pension will completely be excluded from the income calculation. Only your mother's capital gains of ₹1 lakh will be considered. Since ₹1 lakh is well below the ₹8 lakh annual income threshold and fall under non creamy layer
Your father's pension income will not taken for computation of annual income of family though your mother's income from other sources would be included in the family's annual income from other sources other than pension and income from agriculture.
You are eligible for reservation under OBC NCL category.
pension will not be considered as income for NCL
Ok but what about the three year consecutive clause? Does the family income has to be less for all 3 consecutive years or even if it is less for 1 year is it enough?
To fall under cream layer family income of parents should be more than 8 lakhs for 3 consecutive years
For determining eligibility for OBC Non-Creamy Layer (NCL) status in Central Government reservations, the rules distinguish between:
Your father was a Central Government employee who retired from a Group B (non-gazetted) post. Ordinarily, children of Group B officers are generally treated as eligible for Non-Creamy Layer unless they fall into the creamy layer on other specified grounds. Promotion history and the level at retirement can matter, but merely retiring as a Group B non-gazetted officer does not automatically exclude you from NCL.
Regarding income, the creamy layer income test presently looks at gross annual income from sources other than salary and agricultural income, and this income must exceed the prescribed limit for three consecutive years for exclusion from NCL. Pension is generally treated as a continuation/replacement of salary and not as independent business/professional income for creamy layer calculation purposes. Therefore, your father’s pension is ordinarily not counted in the same way as income from business, profession, investments, etc., for determining creamy layer status.
Your mother’s capital gains income of approximately ₹1 lakh would ordinarily be counted as income from other sources. Based on the figures mentioned by you, the family income appears well below the current creamy layer threshold even otherwise.
As regards your specific question on the “three consecutive years” rule: the exclusion applies when the relevant income exceeds the creamy layer limit for three consecutive financial years. Therefore:
Accordingly, based on the facts disclosed by you, you would likely remain eligible for OBC Non-Creamy Layer, subject of course to:
It is the average of 3 years
The annual income of the family members have to be more than the threshold limit of Rs. 800000 for the last three years continuously to make it a creamy layer, if the amount is less than that in any year then it will not be considered as creamy layer.
Dear Client,
For NC OBC you are eligible as long as your family’s annual income from “other sources” (excluding salary and agriculture, per DoPT rules) is not above ₹8 lakh for each of the last three consecutive years; if pension and capital gains together stay below ₹8 lakh in at least one of the last three years, you generally qualify as Non‑Creamy‑Layer OBC. In your case, your father’s pension is treated as salary‑like income and is not counted for the creamy‑layer threshold calculation; only your mother’s capital‑gains income (around ₹1 lakh) is clubbed into the family‑income test, and that is far below the ₹8‑lakh limit.
The three‑year test is not a strict “all three years below ₹8 lakh”; according to prevailing DoPT‑linked practice, if your family’s non‑salary income (here only your mother’s capital gains) is less than ₹8 lakh in any one of the last three financial years, the family is regarded as Non‑Creamy‑Layer for that period, and governments/competitive‑exam bodies usually accept that yearly basis. So, if your mother’s non‑salary income has stayed under ₹8 lakh in one of the last three years, and your father’s pension is excluded as salary, you should be NC‑OBC‑eligible; when you apply for reservation, you can choose the financial year in which your family income (excluding salary) was lowest and get the NC‑OBC certificate based on that year, subject to your district CBO/NCBC verification
I hope this helps and if you have any further issues do not hesitate to contact us.
- Since , your father joined as Group C employee and later promoted to Group B , and now he is getting pension to the tune of 7.02 lacs , then also you are entitled to get NC OBC certificate.
- You mother said income will not disentitle you for getting this certificate.
