• Regarding OBC non creamy layer criteria

I got confused whether  i am come under obc creamy layer or non creamy layer.
 
my father work in Nuclear corporation India limited as an senior technician .
my father  recruited as an HELPER (group D, pay scale-2610-50-3150) in 1985.
Currently, he is an Senior technician (Group B,pay scale-9300-34800, grade pay- 4800) and his current salary  is around 9 lakh per annum including overtime. 

I read an clause that if parent appoint as group D and get salary of group A employee after the age of 40 will also consider as an OBC non creamy.
 kindly guide me sir/madam while applying for job as an OBC non creamy layer. reply as soon as possible.
Asked 4 months ago in Labour from Bulandshahr, Uttar Pradesh
1) as per the Central creamy layer criterion II & III dated 08.09.1993 only the sons and daughter of following “government servants” will be treated as creamy-layer.
(i) Parents, either of whom is a Group-A officer. (Direct Recruitment)
(ii) Parents, both of whom are Group-B officers. (Direct Recruitment)
(iii) Parents of whom only the father is a Group-B officer and he gets into Group-A at the age of 40 or earlier.

2) in your case you would fall under OBC NCL  as your father at age of 40 was not gropa A employee 

3) for government employees only their position in the office is the criterion for non-creamy layer status. Excluding all Class I employees and direct recruits of Class II cadre, all other govt. servants having income greater than 6 lakhs are still eligible for the OBC non creamy layer certificates
Ajay Sethi
Advocate, Mumbai
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I read an clause that if parent appoint as group D and get salary of group A employee after the age of 40 will also consider as an OBC non creamy.



The information what you have heard about this is absolutely right.

In the given situation you are very much eligible for reservation under OBC non creamy layer.


In case of government servants or service holders, their salaries will NOT be the basis for creamy layer evaluation. Instead their status/CLASS/grades will be considered. And for those who do not fall under any of the enlisted categories, they will be tested under clause 6 which is Income/wealth test.


INCOME test: if the household has income more than 6 lakhs from sources other than salary /agricultural produce, then they are creamy layer.

WEALTH test: If they file wealth tax returns, then they are under creamy layer. (Wealth tax limit is 30 lakhs)

Now if the household with a centrally recognized obc caste doesn't fall under any of these criteria, then they can avail the non creamy layer obc reservation.

In your case since your father joined the department  in the Group D category and was promoted to Group A after the age of 40 years, he comes under th category of non creamy layer and you are entitled to get a OBC NCL certificate. 
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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Thanks for your appreciation.

You are always welcome for clarifying anymore details on this should you have at a later stage.

You may revert with your more queries, if need be.

T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
Details mentioned by you are sufficient .you would be entitled for OBC NCL certificate 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0

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