• Obc-non creamy layer status of govt aided/sponsored organization

My father is an Assistant Teacher in a Govt Aided/Sponsored organization.At present He is 58 yrs old. I already obtained my NC-OBC certificate in 2007 when Union Govt raised the income limit  to Rs.2.5 Lakh. It is a very much well accepted fact that awareness on Non-Creamy Layer status is most frequently misinterpreted in case of Govt Employees. And due to the fact, my father had to only submit his income certificate based on which I was issued the certificate. We were never asked about Classification of My father's designation in his organization. Frankly speaking the pay scales/Pay Bands of State Govt employees (West Bengal) was same as to that of my father and as per comparison of State Pay Scale (which are lower compared to Central Govt scales) my father belonged to Group A class. But strictly speaking there was no clarity and no mention of the Gradation so far in the matter of Govt Aided organization in my state. Recently I obtained my Proforma Certificate for appearing in Civil Services 2016 and this time also I submitted income certificate of my Father which is just below the ceiling of Rs. 6 lakhs. Now state Govt Education Department  has started a new practice to collect the information about Govt Aided school teachers and My father had to fill up the form as Gr.A employee in 2014.(at the age of 56). Still my father's gross annual income for last three consecutive years is lower than 6 lakhs. In the light of UPSC decision to reject 120 successful candidates on the basis of income I wanted to know ..as per the rules 
A) My father though being considered as a Gr.A  equivalent employee in a Govt Aided Organization whether I should be getting Non Creamy layer status based on Income criteria?
B) If not, why I can't argue on the fact that my father was never considered a purely Govt employee and even if the term " Equivalent Posts" puts my father as a Gr A employee it was only acknowledged and reckoned and recorded  in recent years i.e 2012-14 . My father crossed the age of 40 by that time.
C) Whether it is fair enough to consider a post as Gr A in a Govt aided organization for the purpose of denying Non-creamy layer status although there is no parity in pay scales (My father works in the PB-4 9000-40500 Gr pay 4400) and classification of posts across the states. Can a single state based on their own gradation can classify the employees and is that an acceptable fact to the Govt of India. I don't know even whether in central Govt the equivalent pay scale PB-2 (9300-34800 Gr pay 4200) is considered as a Gr A post.
D) As there is no universal clarity and uniformity through out the country about classification of Posts in both Central and State Govt Employees (Assistant School Teacher), how can a mere classification of a single state Govt can decide my creamy layer status?
E) If the classification of State Govt is acceptable by the central Govt, irrespective of equivalence in Pay-Scale parity why there should be a uniform Non-Creamy Layer income limit decided by the National Backward Commission?
Asked 4 months ago in Labour from Bangalore, Karnataka

1) 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

2) If anyone of, father or mother are direct recruited class 1 servants than their children won't be eligible for NCL. But if he/she is promoted to class 1 than the kids will be eligible

3) If father was recruited direct to class 2 position and than promoted to class 1 before age of 40 than it would be no longer NCL.

4) you will not get NL OBC certificate if father considered equivalent to grade A

5) even if there is no parity in pay scales if you r father was grade A then you wont get NL OBC certificate 

6)classification by state govt would decide your CL status 

4) 
Ajay Sethi
Advocate, Mumbai
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Revision of income criteria-The limit of annual income of Rs. 4.50 lakhs has been raised to Rs. 6.00 lakhs for determining the creamy layer among Other Backward Classes (OBCs) candidates in the centrally funded technical education institutes.

(4) As per Central creamy layer criteria Dt. 08.09.1993- 

(i) Rule (II) (ii), if parents, either of whom is a direct Class II officer or parents, either of whom is a direct Class II officer & another is a Class III employee or parents, both of whom are Class III employees the candidate shall not be treated as creamy layer & will be eligible for OBC reservation irrespective of any salary income.

(ii) Rule (II) (iii), if parents of whom only the father is a direct Class III employee and gets into Class I at the age of 40 or earlier the candidate shall not be treated as creamy layer & will be eligible for OBC reservation irrespective of any salary income. 











A) My father though being considered as a Gr.A  equivalent employee in a Govt Aided Organization whether I should be getting Non Creamy layer status based on Income criteria?

If your father was a group A officer at the time of joining or before the age of 40 years, then you may not be eligible, but if it was after 40 years of age, then you are eligible for NCL privileges






B) If not, why I can't argue on the fact that my father was never considered a purely Govt employee and even if the term " Equivalent Posts" puts my father as a Gr A employee it was only acknowledged and reckoned and recorded  in recent years i.e 2012-14 . My father crossed the age of 40 by that time.

If your father crossed age 40 years at the time of attaining Group A, then you're eligible for the concession available or non creamy layer.







C) Whether it is fair enough to consider a post as Gr A in a Govt aided organization for the purpose of denying Non-creamy layer status although there is no parity in pay scales (My father works in the PB-4 9000-40500 Gr pay 4400) and classification of posts across the states. Can a single state based on their own gradation can classify the employees and is that an acceptable fact to the Govt of India. I don't know even whether in central Govt the equivalent pay scale PB-2 (9300-34800 Gr pay 4200) is considered as a Gr A post.

You cannot question the policy makers decision in this forum, if you are so much interested in the welfare of general public, you can file a PIL in this regard.





D) As there is no universal clarity and uniformity through out the country about classification of Posts in both Central and State Govt Employees (Assistant School Teacher), how can a mere classification of a single state Govt can decide my creamy layer status?

What is your problem?
Why dont you understand the law?
You are eligible for non-creamy layer concession with the present details you have furnished here.





E) If the classification of State Govt is acceptable by the central Govt, irrespective of equivalence in Pay-Scale parity why there should be a uniform Non-Creamy Layer income limit decided by the National Backward Commission?

A PIL before supreme court will answer such questions, you can clarify your own problem in this forum and not any general issues which concern with the policy maker's decision.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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