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Denial of govt employees form following government of india's orders(regarding obc certificate)

(Querist) 05 May 2014 This query is : Resolved 
Respected Sir ,

I , Ankur Verma , a resident of Uttar Pradesh , am a OBC citizen.
Sir i applied for the OBC-NCL Certificate @ Tehsil Lakhimpur Kheri- UP based on Government of India orders as mentioned below:

1.
No. 36012/22/93- Estt. (SCT)
Government of India
Ministry of Personnel , Public Grievances & Pensions
(Department of Personnel and Training)
New Delhi
Dated::8th September 1993

2.
Department of Personnel and Training O.M. No.36033/5/2004-Estt.(SCT),
dated the 14th October, 2004, to all Ministries/Departments, etc.

3.
No.36033/1/2013 - Estt.(Res.)
Government of India
Ministry of Personnel , Public Grievances & Pensions
(Department of Personnel and Training)
North Block, New Delhi
Dated::27th May 2013

As far as i can conclude:
1st G.O(as mentioned above) suggests that any person both of whose parents are in government service Grade II officers(both) is an OBC Creamy Layer candidate an is not entitled to get the benefits of reservation .

Sir my Father is a Grade II employee and My Mother is a Grade III employee of State Government( Uttar Pradesh, Health Department and Teaching Department respectively ) which violates the criteria of being a creamy layer Candidate, adding to it , and as per the 2nd G.O's (as mentioned above) "Income/Wealth Test " my family has gross annual income (Rs.0) because only source of our income is the Salary of my father and Mother , and as per the same document "The Income from salary and agricultural land must not be clubbed " which is a direct implication that i am entitled to all the reservations being provided to a normal OBC Candidate and thus am an OBC-NCL candidate.

But the officers are replying in a very harsh tone that no such orders are issued to them by the State(U.P) Government , and hence they wont issue me a certificate .


Sir please help me what to do . My whole career is at stake . If possible please help me with the information of a mapping of Govt of India Orders to UP Govt Orders or a Similar Supreme Court Decision(if any)
or any other thing which can help me

Please sir guide me through, how to ask them to give me what is rightfully mine.

I shall be grateful to you for my whole life .
Sudhir Kumar, Advocate (Expert) 05 May 2014
it is you alone who is telling that you are not entitled being son of a Gd.II officer
Ankur Verma (Querist) 09 May 2014
Respected Sudhir Sir,

Please refer page#5 of
No. 36012/22/93- Estt. (SCT)
Government of India
Ministry of Personnel , Public Grievances & Pensions
(Department of Personnel and Training)
New Delhi
Dated::8th September 1993

i think its clearly mentioned that if both the parents are grade 2 cat officers then the candidate will not be eligible for the benefits of reservation ..

please elaborate it to me if i interpret it wrong.

warm regards.
Anand Bali Adv. (Expert) 11 May 2014
Dear Mr Ankur,
Please send me all the Government orders in full on which you are relying your candidature for the issuance of the such certificate, only after a proper study I can guide you better to what to do.

For further legal assistance on nominal charges, you can contact undersigned on below given phone number.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.

Click "LIKE" in appreciation of the above answer.

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.
Email: advicelaw1@gmail.com
Ph: 9582144748
Ankur Verma (Querist) 11 May 2014
Respected all Experts!

thank you very much for your valuable suggestions ! it is through your guidance that i have finally been able to convince the authorities that my plea is genuine and they have agreed to grant me the same!

Thanks and Regards

Ankur Verma


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