Non creamy layer obc
Manjula chandrashekar
(Querist) 11 February 2014
This query is : Resolved
Hello sir, My son is in class 12.
we belong to obc category (central & state list of karnataka). My husband is serving air force officer of the rank of wing commander ( rank below colonel equavalent to lt colonel) drawing salary more than 6 lakhs per annum. Now i would like to know whether my son is eligible to get obc non creamy layer certificate. please advise me. with thanks
malipeddi jaggarao
(Expert) 12 February 2014
The following Official Memoranda circulated by the concerned Government Department may be useful for you to clear your doubts. Please go through them:
The criteria to determine the creamy layer amongst the OBCs is circulated in by the Department of Personnel and Training O.M. No.36033/5/2004-Estt.(SCT),
dated the le October, 2004, to all Ministries/Departments, etc.
In regard to the children of the persons in civil services of the Central and
the State Governments, it provides that son(s) and daughter(s) of:
(a) parents, both of whom are directly recruited Class I/Group A officers;
(b) parents, either of whom is a directly recruited Class I/Group A officer;
(c) parents, both of whom are directly recruited Class I/Group A officers, but one of them dies or suffers permanent incapacitation;
(d) parents, either of whom is a directly recruited Class I/ Group A officer and such parent dies or suffers permanent in - capacitation and before such death or such incapacitation has had the benefit of employment in any International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 years;
(e) parents, both of whom are directly recruited Class I/Group A officers and both of them die or suffer permanent incapacitation and before such death or such incapacitation of the both, either of them has had the benefit of employment International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 years;
(1) parents both of whom are directly recruited Class II/Group B officer;
(g) parents of whom only the husband is a directly recruited Class II/Group B officer and he gets into Class I/Group A at the age of 40 or earlier;
(h) parents, both of whom are directly recruited Class II/ Group B officers and one of them dies or suffers permanent incapacitation and either of them has had the benefit of employment is any International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 year;
(i) parents of whom the husband is a Class I/Group A officer (direct recruit or pre-forty
promoted) and the wife is a directly recruited Class II/Group B officer and the wife dies; or
suffers permanent incapacitation; and
(j) parents, of whom wife is a Class I/Group A officer (Direct Recruit or pre-forty promoted) and the husband is a directly recruited Class II/Group B officer and the husband dies or suffers permanent incapacitation shall be treated as falling in creamy layer.
2. The Schedule further provides that sons and daughters of:
(i) parents either of whom or both of whom are directly recruited Class I/Group A officer(s) and such parents(s) dies/die or suffers/suffer permanent incapacitation;
(ii) parents both of whom are directly recruited Class II/Group B officers and one of them dies or suffers permanent incapacitation;
(iii) parents both of whom are directly recruited Class II/Group B officers and both of them die or suffer permanent incapacitation, even though either of them has had the benefit of employment in any International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 years before their death or permanent incapacitation shall not be treated to be falling in creamy layer.
3. The criteria prescribed for determining creamy layer status of sons and daughters of persons in Government service mutatis mutandis applies to the sons and daughters of persons holding equivalent or comparable posts in PSUs, Banks, Insurance Organisations, Universities, etc and also holding equivalent or comparable posts and positions under private employment. The creamy layer status of the sons and daughters of employees of organizations where evaluation of the posts on equivalent or comparable basis has not been made is determined on the basis of 'Income/Wealth Test' given in the Schedule. The Income/Wealth Test prescribes that the sons and daughters of persons having gross annual income of Rs.2.5 lakh or above or possessing
wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years would be treated to fall in creamy layer. An explanation is given below the Income/Wealth Test which provides that 'income from salaries or agricultural land shall not be clubbed.
Further the Department advised enhancement of ceiling in its Office Memorandum Dated: the 27th May, 2013 to Rs.6 lakhs.
“The undersigned is directed to invite attention to this Department’s office memorandumNo.36012/22/93-Estt. (SCT) dated 8th September, 1993 which, inter-alia, provided that sons and daughters of persons having gross annual income of Rs.1 lakh or above for a period of three consecutive years would fall within the creamy layer and would not be entitled to get the benefit of reservation available to the Other Backward Classes. The aforesaid limit of income for determining the creamy layer status was subsequently raised to Rs. 2.5 akh and Rs. 4.5 Iakh and accordingly the expression “Rs.1 lakh” under Category-VI of Scheduleto OM dated 8th September, 1993 was revised to “Rs. 2.5 lakh” and to “RS. 4.5 lakh” vide this Department’s OMs No. 36033/3/2004-Estt. (Res.) dated 09.03.2004 and dated 14.10. 2008 respectively.
2. It has now been decided to raise the income limit from Rs. 4.5 lakh to Rs. 6 lakh per annum for determining the creamy layer amongst the Other Backward Classes. Accordingly, the expression “Rs. 4.5 lakh” under Category VI in the Schedule to this Department’s aforesaid O.M. of 8th September, 1993 would be substituted by Rs. “Rs. 6 lakh”.
Rajendra K Goyal
(Expert) 12 February 2014
The office Memo describe the criteria in detail for availing benefits under OBC. You can easily find out whether you are in Non creamy layer or otherwise.
T. Kalaiselvan, Advocate
(Expert) 13 February 2014
The conditions printed in the application form to get the OBC certificate for non-creamy layer category can be visited, further the views of expert Mr. Mslipedi Jaggarao can be perused.
