• Validity of NC OBC

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?
Asked 16 hours ago in Constitutional Law

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3 Answers

  • Your father joined as a Grade C (Class III) employee.
  • Even though he was promoted to Grade B (non-gazetted), the rules state that if a parent enters service in a Group C/D cadre, their children automatically qualify for the Non-Creamy Layer,

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 

 

Ajay Sethi
Advocate, Mumbai
100430 Answers
8213 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
90634 Answers
2523 Consultations

pension will not be considered as income for NCL 

Prashant Nayak
Advocate, Mumbai
34992 Answers
255 Consultations

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