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Discussion > Students > Others > Regarding OBC Non creamy layer   Unanswered Threads Post New Topic

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There are 21 Replies to this message


Arun


Student
[ Scorecard : 36]
Posted On 11 February 2011 at 18:11 Report Abuse

Hello sir,

  My father is a bank officer in SBT. He joined as a clerk in the age of 23 and becomes officer in the age of 31. His annual income is above Rs.4,50,000. I have applied for the non creamy layer certificate(OBC) and the Tahsildar rejected my application stating that my father is a class I employee and his income exceeds the limit.

            Then on the advice of Mr.Shailendra Wagadre(OBC Guru) that Iam eligible on the basis of my father started job as a clerk and also the income from the salaries in not taken into account, I went for an appeal to the RDO. Now, the RDO returned the file to Tahsildar to reconsider my application. But when I saw Tahsildar he says that Iam not eligible as my father is a class I employee and the income exceeds the limit. He is not ready to consider my arguments and the clarifications memorandum issued by the Govt.

             I need an immediate solution for this as I have an Interview in the IDBI bank (Asst. Manager ) on Feb.22. I can't attend the interview without this. I was in such a gloom situation.Please anyone help me immediately and I was also ready to pay for the help. Please help me immediately. I will be thankful for you. Hope anyone help me.

Thanking you

Arun.A.B



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Isaac Gabriel


Practicing Advocate
[ Scorecard : 4454]
Posted On 11 February 2011 at 21:19 Report Abuse

As per the guidelines and the ceiling limit the family income should not be above 4 lakhs.for issue of OBC.I    If you are leading independent fa mily and living separately, you can get the same if  your income is within the limit . All the best.



Total thanks : 1 times


Arun


Student
[ Scorecard : 36]
Posted On 11 February 2011 at 21:51 Report Abuse

 Thanks in advance for your reply. But  according to rule, income is not the factor, status is to be considered. Also, while considering income, income from salaries shall not be clubbed. so how will I come under creamy layer? 



Isaac Gabriel


Practicing Advocate
[ Scorecard : 4454]
Posted On 12 February 2011 at 06:41 Report Abuse

If the community you belong  is listed under the  OBC ,and the income earned by you (emphasis) is below 4 lskhs, you are eligible to get it. What  do you mean about the staus?.Your father's status cannot stand in the way, since you are unemployed  and depending on your own income which is irtually  nil .I suppose you are depending upon your own petty earnings everyday  



Total thanks : 1 times


Arun


Student
[ Scorecard : 36]
Posted On 12 February 2011 at 10:00 Report Abuse

Sir, my creamy layer status is determined on the basis of my parents income.



BALLA BHAVANI SHANKAR


INTERMEDITE STUDENT
[ Scorecard : 22]
Posted On 12 March 2011 at 13:58 Report Abuse

Hello sir,

my father's annual income is 4,67,890.can i get OBC certificate since the income has just crossed an amount of RS.10,000.



Isaac Gabriel


Practicing Advocate
[ Scorecard : 4454]
Posted On 12 March 2011 at 18:22 Report Abuse

The income limit has been fixed at Rs.four lakhs.The authorities should be convinced that your family income does not exceed four lakhs rupees.



Pradip


Student
[ Scorecard : 22]
Posted On 25 May 2011 at 23:15 Report Abuse

Get http://www.persmin.nic.in/WriteReadData/ATA/36033_5_2004_01April2005.htm Thsildar office asking if this document is being followed or not. They'll certainly answer in yes as they can not deny authority of that document.

 

I think there is some indepth interpretation is need in your case. Your father is working in Bank so ask Bank authority equivalent grade of your father  at the time of joining and  currently. If his equivalent grade at the time of joining is Class 3 then no issue. If that was class 2 and now he is class 1 officer (before age of 40 year) then you are in creamy layer. Equivalence can be inferred by your father's basic salary and its comparison with that of govt employees. You may get that equivalence certficate on Bank's letter pad.

In case no equivalence is decided then flat Income Test of 4.5Lakh will be applicable. I am putting explanation from above mentioned link. And also rule clearly state that income should exceed for last 3 consecutive year. Even if it is below 4.5 lakh even for a year in last 3 year (3 financial year so produce IT returns for last 3 year) the you won't be in creamy layer. Explain him all these. and even after that Tehsildar doesn't make your certificate ask him to reject your application in writing giving reason for cancellation.  you may ten contact NCBC in delhi. 

 

 

9. In regard to clause (ix) of para 4, it is clarified that the creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts visà- vis posts in Government has not been evaluated is determined as follows:
Income of the parents from the salaries and from the other Sources [other than salaries and agricultural land] is determined separately. If either the income of the parents from the salaries or the income of the parents from other sources [other than salaries and agricultural land] exceeds the limit of Rs.2.5 lakh per annum for a period of three consecutive years, the sons and daughters of such persons shall be treated to fall in creamy layer. But the sons and daughters of parents whose income from other sources is also less than Rs.2.5 lakh per annum and income from other sources is also less than Rs.2.5 lakh per annum will not be treated as falling in creamy layer even if sum of the income from salaries and the income from the other sources is more than Rs.2.5 lakh per annum for period of three consecutive years. It may be noted that income from agricultural land is not taken into account while applying the Test.




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akhilesh


student
[ Scorecard : 26]
Posted On 05 June 2011 at 22:40 Report Abuse

hiii sir i have a douby .........

suppose my father's gross income is 2 lakh per annum and let after completing clg i got a job and now my gross income is 3 lakh per annum and after one year of job i am goin to apply for iim.

 

will i eligible  for obc non creamy layer plzz sir rply for this post 



Arun


Student
[ Scorecard : 36]
Posted On 06 June 2011 at 12:17 Report Abuse

ur income should not be considerd for determining non creamylayer status. only ur parents income will be calculated. if u dont have wealth above 30 lakhs, u will get the certificate




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