Creamy layer
Creamy layer
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Creamy layer
The creamy layer is a term used in Indian politics to refer to the
relatively wealthier and better educated members of the Other Backward
Castes (OBCs) who will not be eligible for social/ educational benefit
programme by the government from now onwards. The term was introduced
by the Sattanathan Commission in 1971, which directed that the "creamy
layer" should be excluded from the reservations (quotas) of civil
posts and services granted to the OBCs.
Contents
1 Present definition of "creamy layer"
2 "creamy layer" differentiation applies to whom?
3 Exclusion of creamy layer concept "only" from OBCs - Constitutional validity
4 Reaction
5 Creamy Layer office memorandum full details
6 See also
7 External links
//
Present definition of "creamy layer"
The Supreme Court defines 'creamy layer' by quoting a office
memorandum dated September 8, 1993.
"creamy layer" differentiation applies to whom?
The "creamy layer" concept is meant ONLY for the obcs. This concept is
not applied to the unreserved category, scheduled castes category &
scheduled tribes category. Therefore, all non-OBCs will be allowed to
compete for their quota of heavily subsidised govt. seats/ jobs in
their respective category without any consideration of "creamy layer"
concept.
Justice K G Balakrishnan, who is the first SC to become the Chief
Justice of india (without any benefit due to any reservation) stated:
"by excluding those who have already attained economic well-being or
educational advancement, the special benefits cannot be further
extended to them and, if done so, it would be unreasonable,
discriminatory or arbitrary resulting in reverse discrimination.". But
this logic is applied EXCLUSIVELY for OBCs & the logic is not applied
for SCs , STs & the unreserved category seats. The criterion is also
not applicable to minority institutions.
The supreme court also indirectly reserves at least 50 % of seats for
the unreserved category (which includes creamy layer from OBCs & all
forward communities) & any reservation to any other (BC/MBC/SC/ST)
category shall be such that the total reserved seats never exceed 50%
of total. The forward community form around 12% to 46% of population
in the big states of india. No official creamy layer percentage census
is available at present.
Exclusion of creamy layer concept "only" from OBCs - Constitutional validity
There is no mention about the concept of "creamy layer" in the
Constitution & nowhere does it proscribe any directive to exclusively
discriminate OBCs. Health minister of india said : "All the leaders
who work for social justice should work together to defeat the creamy
layer concept" . The exclusion leads to undermining the constitution
itself since "socially backward" and "educationally backward" were the
key words enshrined after thorough delibrations & "economic
criterion(cream concept)" can never be a criterion in determining
reservation policy. Nevertheless, the Supreme Court of india & its
constitutional bench have decided to give sanctity to a concept that
thay themselves invented during the course of mandal commission
implementation. Thus india now faces a legislature vs judiciary war
whereby the will of the legislature is undermined by the utopian
concepts/ perception of the supreme court. It is another debate if the
judiciary can impose any policy upon the govt./ the legislature since
Judiciary has no constitutional mandate to initiate policy decisions
which are the sole prerogative of the legislature. Whether a socially
& educationally backward child can be denied the constitutional
upliftment (guaranteed by the constitution) by a bench interpreting
the constitution for the reason that his/ her parents managed to get a
combined yearly income of 2.5 lakh is another pandora's box since the
'exclusion concept' is used to discriminate within OBCs only.
Reaction
All parties welcomed the 27% reservation to socially & educationally
backward communities (OBC) But the creamy layer exclusion has varied
responses from various political formations..Most political parties
are uncomfortable with the rigid criterion for creamy layer concept
although everyone is pleased that 27% quota has got legal sanctity.
"The net result of job reservation for the Other Backward Classes over
the last 15 years and more is that their total representation has
declined to less than 5 per cent. A major factor is the "creamy layer"
concept, which has become an excuse for keeping the backward castes
out.History now repeats itself with the Supreme Court verdict in
favour of denying reservation in higher education institutions to the
creamy layer among the OBCs, he said. The court tried to take away
what Parliament tried to give the OBCs"- mr. sharad yadav, JD(U).
Creamy Layer office memorandum full details
Persons/Sections Excluded from Reservation which constitute Creamy
Layer of the Society
Description of category To whom rule of exclusion will apply to son(s)
& daughter(s) of
I. Constitutional Posts President, Vice-President, Judges of the
Supreme & High Courts,Chairman and Members of UPSC and the state PSC,
Chief Election Commissioner, Comptroller and Auditor-General of India
& all persons holding constitutional positions of like nature.
II. Service Category
A. Group ‘A’/Class I Officers of the All India Central and State Services (Direct Recruits)– (a)if both/ any one of the parents are/ were Class I officers (for at least 5 years if dead); (b) parents, either of whom is a Class I officer and such parents dies or suffers permanent incapacitation 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; (c) A lady belonging to OBC category has got married to a Class I officer, and may herself like to apply for job.
B. Group ‘B’/Class II Officers of the Central and State Services (Direct Recruitment) Son(s) and daughter(s) of – (a) parents, both of whom are Class II officers; (b) parents of whom only the husband is a Class II officer and he gets into Class I at the age of 40 or earlier; (c) parents, both of whom are Class II officers and one of them dies or suffers permanent incapacitation and either one of them has had the benefit of employment in any International Organisation UN, IMF, World Bank, etc., for a period of not less than 5 years before such death or permanent incapacitation; (d) parents of whom the husband is a Class I officer (direct recruitment or pre-forty promoted) and the wife is a Class II officer and the wife dies; or suffers permanent incapacitation; and (e) Parents, of whom the wife is a Class I officer (Direct Recruit or pre-forty promoted) and the husband is a Class II officer and the husband dies or suffers permanent incapacitation; Provided that the rule of exclusion shall not apply in the following cases:-
Sons and daughters of –
(a) Parents both of whom are Class II officers and one of them dies or suffers permanent incapacitation. (b) Parents, both of whom are Class II 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.
C. Employees in Public Sector Undertakings, etc. The criteria enumerated in A and B above in this category will apply mutatis mutandis to officers holding equivalent or comparable posts in PSUs, Banks, Insurance Organisations, Universities, etc., and also to equivalent or comparable posts and positions under private employment, pending the evaluation of the posts on equivalent or comparable basis in these institutions, the criteria specified in Category VI below will apply to the officers in these Institutions. III. Armed forces including Paramilitary Forces (Persons holding civil posts are not included). Son(s) and daughter(s) of parents either or both of whom is or are in the rank of Colonel and above in the Army and to equivalent posts in the Navy and the Air Force and the Paramilitary Forces; Provided that – (i) If the wife of an armed forces officer is herself in the armed forces (i.e., the category under consideration) the rule of exclusion will apply only when she herself has reached the rank of Colonel; (ii) the service ranks below Colonel of husband and wife shall not be clubbed together; (iii) if the wife of an officer in the armed forces is in civil employment, this will not be taken into account for applying the rule of exclusion unless she falls in the service category under item No. II in which case the criteria and conditions enumerated therein will apply to her independently.
IV. Professional class and those engaged in Trade and Industry
(i) Persons engaged in profession as a doctor,lawyer, chartered accountant, income tax consultant, financial or management consultant, dental surgeon, engineer, architect, computer specialist, film artists and other film professional, author, playwright, sports person, sports professional, media professional or any other vocations of like status.
Criteria specified against Category VI will apply (ii) Persons engaged in trade, business and industry. Criteria specified against Category VI will apply. EXPLANATION – (i) Where the husband is in some profession and the wife is in a Class II or lower grade employment, the income/wealth test will apply only on the basis of the husband’s income. (ii) If the wife is in any profession and the husband is in employment in a Class II or lower rank post, then the income/wealth criterion will apply only on the basis of the wife’s income and the husband’s income will not be clubbed with it.
V. Property Owners
A. Agricultural holding. Son(s) and daughter(s) of persons belonging to a family (father, mother and minor children) which owns- (a) only irrigated land which is equal to or more than 85% of the statutory ceiling area, or (b) both irrigated and unirrigated land, as follows:- (i) The rule of exclusion will apply where the pre-condition exists that the irrigated area (having been brought to a single type under a common denominator) 40% or more of the statutory ceiling limit for irrigated land (this being calculated by excluding the unirrigated portion). If this pre-condition of not less than 40% exists, then only the area of unirrigated land will be taken into account. This will be done by converting, the unirrigated land on the basis of the conversion formula existing, into the irrigated type. The irrigated area so computed from unirrigated land shall be added to the actual area of irrigated land and if after such clubbing together the total area in terms of irrigated land is 85% or more of the statutory ceiling limit for irrigated land, then the rule of exclusion will apply and disentitlement will occur.) (ii) The rule of exclusion will not apply if the land holding of a family is exclusively unirrigated.
B. Plantations
(i) Coffee, tea, rubber, etc.
(ii) Mango, citrus, apple plantations, etc. Criteria of income/wealth specified in Category VI below will apply. Deemed as agricultural holding and hence criteria at A above under this category will apply. Criteria specified in Category VI below will apply. C. Vacant land and/or buildings in urban Agglomerations. EXPLANATION:- Building may be used for residential, industrial or commercial purpose and the like two or more such purposes.
VI. Income/Wealth Test Son(s) daughter(s) – (a) Persons having gross annual income of Rs. 1 lakh or above or possessing wealth above the exemption limit as prescribed in the Wealth Act for a period of three consecutive years. (b) Persons in Categories I, II, III and V-A who are not disentitled to the benefit of reservation but have income from other sources of wealth which will bring them within the income/wealth criteria mentioned in (a) above.
EXPLANATION:- (i) Income from salaries or agricultural land shall not be clubbed; (ii) The income criteria in terms of rupee will be modified taking into account the change in its value every three years. If the situation, however, so demands, the interregnum may be less.
EXPLANATION—Wherever the expression “permanent incapacitation” occur in this schedule, it shall mean incapacitation which results in putting an officer out of service.
Comments
natarajan.t
@ 21.08.2008 20:37 ISTwhether a class iv O.B.C. employee of a p.s.u.getting a salary of more than 2.5 lacs per year coming under creamy layer OR NOT? PLEASE CLARIFY?
samatha india
@ 22.08.2008 00:25 ISTLooks like They would be classified as Creamy Layer.
You might also lookup provisions of Wealth Act, as it specifies exemptions.
-----Refer below statements-----
C. Employees in Public Sector Undertakings, etc. The criteria enumerated in A and B above in this category will apply mutatis mutandis to officers holding equivalent or comparable posts in PSUs, Banks, Insurance Organisations, Universities, etc., and also to equivalent or comparable posts and positions under private employment, pending the evaluation of the posts on equivalent or comparable basis in these institutions, the criteria specified in Category VI below will apply to the officers in these Institutions.
-----
VI. Income/Wealth Test Son(s) daughter(s) – (a) Persons having gross annual income of Rs. 1 lakh or above or possessing wealth above the exemption limit as prescribed in the Wealth Act for a period of three consecutive years. (b) Persons in Categories I, II, III and V-A who are not disentitled to the benefit of reservation but have income from other sources of wealth which will bring them within the income/wealth criteria mentioned in (a) above.
shailendra wagadre All India General Secretary APAAX
@ 30.08.2008 07:11 ISTDear natarajan.t, Sons and daughters of a Class IV O.B.C. employee of a p.s.u. getting a salary of more than 2.5 lacs per year will not come under creamy layer. Because creamy layer status of Government servant or PSU employee is not to be checked by salary income as per explanation 6(i) of GOI creamy layer criteria dated 8.9.93. Their creamylayer status is to be checked by POST HELD under clause 2. As per cluse 2(C) for PSU employees criteria 2A and 2B are applicable on equivelent and comparable basis. Equivelent and comparable posts will be decided by the autorities competent to issue the caste certificates.
Creamy layer criteria dated 8.9.93 is available on website of National Commission for Backward Classes www.ncbc.nic.in (click office memorandum)and important Creamy layer clarifications in circular dated 14 October 2004 available on website of Ministry of Personnel, Public Grievances and Pensions, Government of India www persmin.nic.in and then click circulars and then click Estt (reservation) Shailendra Wagadre mobile 09425003700
rahul singh
@ 05.09.2008 15:54 ISTmy father is an employees in a PSU insurance company ....HE HAS STARTED HIS JOB AS A CLASS THREE EMPLOYEES NOW HE IS IN CLASS ONE CATEGORY..BUT AFTER THE AGE OF 40.....AND HIS SALARY IS MORE THEN 2.5 LAKH SHOOULD I BELONG TO..CREAMY LAYER ..IN OBC..
shailendra wagadre All India General Secretary APAAX
@ 05.09.2008 20:55 ISTdear rahul singh, please study minutely clause 2(C) of GOI Creamy layer criteria dated 08.09.1993 available on website of National Commission for Backward Classes www.ncbc.nic.in (click office memorandum)and clause (9) and (10)of Creamy layer clarifications in circular dated 14 October 2004 available on website of Ministry of Personnel, Public Grievances and Pensions, Government of India www.persmin.nic.in and then click circulars and then click Estt. The sentance "where equivalence or comparability of posts vis-à-vis posts in Government has not been evaluated" in clause (9)is important. As per the law you will not come under creamy layer and you will get the reservation. Shailendra Wagadre mobile 09425003700 swagadre@rediffmail.com
shailendra wagadre All India General Secretary APAAX
@ 05.09.2008 20:57 ISTdear rahul singh, please study minutely clause 2(C) AND clause 6(i)Explanation of GOI Creamy layer criteria dated 08.09.1993 available on website of National Commission for Backward Classes www.ncbc.nic.in (click office memorandum)and clause (9) and (10)of Creamy layer clarifications in circular dated 14 October 2004 available on website of Ministry of Personnel, Public Grievances and Pensions, Government of India www.persmin.nic.in and then click circulars and then click Estt. The sentance "where equivalence or comparability of posts vis-à-vis posts in Government has not been evaluated" in clause (9)is important. As per the law you will not come under creamy layer and you will get the reservation. Shailendra Wagadre mobile 09425003700 swagadre@rediffmail.com
rohit
@ 06.09.2008 19:25 IST
Hi
plz help ,My father is working in a reputed private company and he joined in a post which is according to pay scale comparable to the group C of government job. Also according to industrial dispute act definition he is even today working as "workman" and not in the officer category. but right now his annual salary is more than 2.5 lakhs. Do i come in non creamy layer?
Hi
plz help ,My father is working in a reputed private company and he joined in a post which is according to pay scale comparable to the group C of government job. Also according to industrial dispute act definition he is even today working as "workman" and not in the officer category. but right now his annual salary is more than 2.5 lakhs. Do i come in non creamy layer?
amitabh maharana
@ 06.09.2008 20:12 ISThello.
my father is working in a psu insurance company since last 35 years..he..joined the company as a class three employees..now he is in the class one category..but he gets into the class one category after the age of 40 ..that is at age 42.. and his salary is more then 2.5 lakhs annualy..and we have a residential property in my mother name....should i belong to creamy layer category..
amitabh maharana
@ 06.09.2008 20:13 ISTplz help ,My father is working in a reputed private company and he joined in a post which is according to pay scale comparable to the group C of government job. Also according to industrial dispute act definition he is even today working as "workman" and not in the officer category. but right now his annual salary is more than 2.5 lakhs. Do i come in non creamy layer?
shailendra wagadre All India General Secretary APAAX
@ 07.09.2008 06:53 ISTDear Rohit, You have to read Clause VI (a) with Clause II C of GOI Creamy layer criteria dated 08.09.93 available on website of National Commission for Backward Classes www.ncbc.nic.in (click office memorandum)for private employment. As per Clause II C “positions under private employment, pending the evaluation of the posts on equivalent or comparable basis in these institutions, the criteria specified in Category VI below will apply to the officers in these Institutions.” As per Clause VI (a) of Creamy layer criteria “Persons having gross annual income of Rs. 2.50 lakh or above for a period of three consecutive years or possessing wealth above the exemption limit as prescribed in the Wealth Act for a period of three consecutive years will be treated as creamy layer. Here the word “for a period of three consecutive years” is important means that from last 3 financial years if the income of any one financial year is less then Rs. 2.50 lakh you will not come under creamy layer and get the reservation. The GOI is going to enhance this annual income limit of Clause VI (a) up to Rs. 4.50 lakh very soon. However we should demand from GOI it should be Rs. 10 lakh for employees working in private employment.Shailendra Wagadre mobile 09425003700 swagadre@rediffmail.com
shailendra wagadre All India General Secretary APAAX
@ 07.09.2008 07:17 ISTDear amitabh maharana, Kindly read my reply dated 05.09.2008 given to Mr. rahul singh for PSU employees. Regarding residential property in your mother’s (FAIMILY) name it is to clarify that if the “RENTAL INCOME” from this residential property is "SEPARATELY" more than Rs. 2.50 lakh per year for last three consecutive years than only you will be a creamy layer. Even now the salary income will not be clubbed with this business income. As per GOI Creamy layer criteria dated 08.09.93 available on website of National Commission for Backward Classes www.ncbc.nic.in (click office memorandum) Clause VI (b) also “Persons in Categories I, II, III and V-A who are not disentitled to the benefit of reservation but have income from other sources (say residential property) of wealth which will bring them within the income/wealth criteria mentioned in (a) (i.e. Rs. 2.50 lakh per year) above”. Shailendra Wagadre All India General Secretary APAAX mobile 09425003700 swagadre@rediffmail.com
shailendra wagadre All India General Secretary APAAX
@ 07.09.2008 13:06 ISTDear rohit,
(01) your point/quesction is very good/correct. As it is written exclusion is only for "officers", you can try for the no-creamy layer certificate by explaining it to certificate issuing authority. However simultaneously try to get clarificatin from National Commission for Backward Classes New delhi by getting phone numbers from www.ncbc.nic.in. I am also trying and will intimate the result as soon as I get...
(02) As per Clause VI (a) “Persons having gross annual income of Rs. 2.50 lakh or above for a period of three consecutive years will be treated as creamy layer. Here the word “for a period of three consecutive years” is important and it means that from last 3 financial years if the income of any one financial year is less then Rs. 2.50 lakh you will not come under creamy layer and get the reservation. The GOI is going to enhance this annual income limit of Clause VI (a) up to Rs. 4.50 lakh very soon. However we should demand from GOI it should be Rs. 10 lakh for employees working in private employment.Shailendra Wagadre mobile 09425003700
RAVINDER SINGH
@ 11.09.2008 13:29 ISTMY FATHER WHO BELONG TO OBC JOINED AS CLERK IN PUBLIC SECTOR UNDERTAKING (GROUP C POST). NOW HE IS SENIOR MANAGER CADRE. HIS PAY IS ALSO MORE THAN 4.5 LAKH PER YEAR. HE IS CONTINUING IN THE SAME PUBLIC SECTOR UNDERTAKING. KINDLY ADVISE WHETHER I CAN AVAIL OBC BENEFIT.
shailendra wagadre All India General Secretary APAAX
@ 11.09.2008 22:14 ISTdear RAVINDER SINGH, please study minutely clause 2(C) AND clause 6(i)Explanation of GOI Creamy layer criteria dated 08.09.1993 available on website of National Commission for Backward Classes www.ncbc.nic.in (click office memorandum)and clause (9) and (10)of Creamy layer clarifications in circular dated 14 October 2004 available on website of Ministry of Personnel, Public Grievances and Pensions, Government of India www.persmin.nic.in and then click circulars and then click Estt. The sentance "where equivalence or comparability of posts vis-à-vis posts in Government has not been evaluated" in clause (9)is important. As per the law you will not come under creamy layer and you will get the reservation. SALARY INCOME OF a Central/State/PSU’s EMPLOYEE IS NO BAR FOR CREAMY LAYER. 2.50 lakhs is for “business income” and not for “government servant’s Salary”. The status of the government servants and equivalent PSU employee is to be checked by “post held” and not by salary income. Rule-(6) “Income from salaries or agricultural land shall not be clubbed with income” The rule (2) speaks only following “government servants” are creamy-layer. (i) Parents, either of whom is a direct Class I officer (ii) Parents, both of whom are direct Class II officers. (iii) Father gets in Class I before 40. Shailendra Wagadre mobile 09425003700 swagadre@rediffmail.com
abhishek
@ 15.09.2008 16:02 IST
my father is working in a psu insurance company for the last 30 year...he joined as a group three employees and now he is in class one category but at the age of 42..his annual salary is also more then 2.5 lakhs..and we have a residential property too...but our income from that property is 36000 per annuam..should i belong to the creamy layer category ...
my father is working in a psu insurance company for the last 30 year...he joined as a group three employees and now he is in class one category but at the age of 42..his annual salary is also more then 2.5 lakhs..and we have a residential property too...but our income from that property is 36000 per annuam..should i belong to the creamy layer category ...
shailendra wagadre All India General Secretary APAAX
@ 15.09.2008 21:49 ISTdear ABHISHEK, Go through clause 2(C) AND clause 6(i) Explanation of GOI Creamy layer criteria dated 08.09.1993 available on www.ncbc.nic.in (click office memorandum) and clause (9) and (10)of Creamy layer clarifications in circular dated 14 October 2004 available on www.persmin.nic.in and then click circulars and then click Estt. The sentence "where equivalence or comparability of posts vis-à-vis posts in Government has not been evaluated" in clause (9) is important. As per the law you will not come under creamy layer and you will get the reservation. SALARY INCOME OF a Central/State/PSU’s EMPLOYEE IS NO BAR FOR CREAMY LAYER. 2.50 lakhs is only for “business income” and counted indepenently/ separetely. The status of the government servants and equivalent PSU employee is to be checked by “post held” and not by salary income. Rule-(6) “Income from salaries or agricultural land shall not be clubbed with income” The rule (2) speaks only following “government servants” are creamy-layer. (i) Parents, either of whom is a direct Class I officer (ii) Parents, both of whom are direct Class II officers. (iii) Father gets in Class I before 40. Shailendra Wagadre mobile 09425003700 swagadre@rediffmail.com
bikash dash
@ 16.09.2008 01:09 IST
my father is working in a psu bank...his salary is more than 2.5 lakhs per annum...preasently he is working as a class 1 officer...but through promotion...at the age of 42 ...and we have a residential property...should i belong to creamy layer..
my father is working in a psu bank...his salary is more than 2.5 lakhs per annum...preasently he is working as a class 1 officer...but through promotion...at the age of 42 ...and we have a residential property...should i belong to creamy layer..
shailendra wagadre All India General Secretary APAAX
@ 16.09.2008 05:31 ISTdear bikash das, Go through clause 2(C) AND clause 6(i) Explanation of GOI Creamy layer criteria dated 08.09.1993 available on www.ncbc.nic.in (click office memorandum) and clause (9) and (10)of Creamy layer clarifications in circular dated 14 October 2004 available on www.persmin.nic.in and then click circulars and then click Estt. The sentence "where equivalence or comparability of posts vis-à-vis posts in Government has not been evaluated" in clause (9) is important. As per the law you will not come under creamy layer and you will get the reservation. SALARY INCOME OF a Central/State/PSU’s EMPLOYEE IS NO BAR FOR CREAMY LAYER. 2.50 lakhs is only for “business income” and counted only indepenently/ separetely. The status of the government servants and equivalent PSU employee is to be checked by “post held” and not by salary income. Rule-(6) “Income from salaries or agricultural land shall not be clubbed with income” The rule (2) speaks only following “government servants” are creamy-layer. (i) Parents, either of whom is a direct Class I officer (ii) Parents, both of whom are direct Class II officers. (iii) Father gets in Class I before 40. Shailendra Wagadre mobile 09425003700 swagadre@rediffmail.com
susanta behera
@ 16.09.2008 11:07 IST
what is the basic procudure..for obtaining an obc and non creamy layer certificae..is it necessary to renew the obc certificate every year...
what is the basic procudure..for obtaining an obc and non creamy layer certificae..is it necessary to renew the obc certificate every year...
bapuni
@ 16.09.2008 16:22 IST
my father is a direct recruit class one officers in LIC OF INDIA..SHOULD I BELONG TO CREAMY LAYER
my father is a direct recruit class one officers in LIC OF INDIA..SHOULD I BELONG TO CREAMY LAYER
shailendra wagadre All India General Secretary APAAX
@ 16.09.2008 21:29 ISTdear susanta behera, The application form you can download from GOVT of DELHI's site. You have to submit supporting docuements for caste, residence, creamy layerwith the application to the competent authrity. It is necessary to get a new certificate every year due to creamy layer criteria for obcs.
shailendra wagadre All India General Secretary APAAX
@ 16.09.2008 21:31 ISTdear bapuni, As per my knowedge you BELONGs TO CREAMY LAYER. However you must go through the GOI Creamy layer criteria dated 08.09.1993 available on www.ncbc.nic.in (click office memorandum) and clause (9) and (10)of Creamy layer clarifications in circular dated 14 October 2004 available on www.persmin.nic.in and then click circulars and then click Estt.
akhilesh
@ 17.09.2008 01:31 IST
my self belongs to an obc category.should the income layer 2.5 lakhs per annum criteria applicable..to a promoted psu employees.as my father is a promoted class one officer..
my self belongs to an obc category.should the income layer 2.5 lakhs per annum criteria applicable..to a promoted psu employees.as my father is a promoted class one officer..
shailendra wagadre All India General Secretary APAAX
@ 17.09.2008 20:17 ISTdear akhilesh, the income criteria of Rs. 2.5 lakhs per annum is not applicable as your father is a psu employees. for more details Please Go through clause 2(C) AND clause 6(i) (Explanation) of GOI Creamy layer criteria dated 08.09.1993 available on www.ncbc.nic.in (click office memorandum) and clause (9) and (10)of Creamy layer clarifications in circular dated 14 October 2004 available on www.persmin.nic.in and then click circulars and then click Estt. The sentence "where equivalence or comparability of posts vis-à-vis posts in Government has not been evaluated" in clause (9) is important. As per the law you will not come under creamy layer and you will get the reservation. SALARY INCOME OF a Central/State/PSU’s EMPLOYEE IS NO BAR FOR CREAMY LAYER. 2.50 lakhs is only for “business income” and counted indepenently/ separetely. The status of the government servants and equivalent PSU employee is to be checked by “post held” and not by salary income. Rule-(6) “Income from salaries or agricultural land shall not be clubbed with income” The rule (2) speaks only following “government servants” are creamy-layer. (i) Parents, either of whom is a direct Class I officer (ii) Parents, both of whom are direct Class II officers. (iii) Father gets in Class I before 40. Shailendra Wagadre mobile 09425003700 swagadre@rediffmail.com
gadadhar
@ 18.09.2008 11:31 IST
the creamy layer criteria...that present inside the NCBC website is quiet technical.and confussing. 2.5 lakh per annum criteria.and the income or wealth test criteria.to whom that clause apply .and is it necessary to provide income certificate along with other document when appllying for obc certificate.plz provide me the clear idea about creamy layer criteria for psu employees... in detail..
the creamy layer criteria...that present inside the NCBC website is quiet technical.and confussing. 2.5 lakh per annum criteria.and the income or wealth test criteria.to whom that clause apply .and is it necessary to provide income certificate along with other document when appllying for obc certificate.plz provide me the clear idea about creamy layer criteria for psu employees... in detail..
SHAILENDRA WAGADRE All India General Secretary APAAX
@ 18.09.2008 21:07 ISTDear gadadhar, to clarify 2.5 lakh per annum criteria and the income or wealth test criteria please go through the Creamy layer criteria dated 08.09.1993 Rule- (6) Explanation (i) “Income from salaries or agricultural land shall not be clubbed with income”. Actually the 2.50 lakh criteria is only for the “business income” of a family and counted independently/ separately and shall not be clubbed with the income of salaries or agricultural land. Please also go through the point (G) (i) of the application form (same as prescribed by GOI) to get obc caste certificate available on dcsouthwest.delhigovt.nic.in/obc.html.
The rule (2) (A) & (B) speaks only following “government servants” are creamy-layer i.e. (i) Parents, either of whom is a direct Class I officer (ii) Parents, both of whom are direct Class II officers. (iii) Father gets in Class I before 40.
As per the Rule-2(C) The creamy layer status of PSU employee is to be checked by “post held” on equivalent or comparable basis as per the rule (2) (A) & (B) and not by salary income.
For more details please go through the GOI Creamy layer clarifications in circular dated 14 October 2004 available on www.persmin.nic.in and then click circulars and then click Estt (Reservation).
For Central’s reservation as per the GOI Creamy layer criteria dated 08.09.1993 it is not necessary to provide income certificate for Central/State/PSU employees along with other document when applying for the obc certificate. But some of the State Govts have made their own Creamy layer criteria on the basis of annual income only for their State Govt’s obc reservation. swagadre@rediffmail.com
GAGADHAR
@ 19.09.2008 12:58 IST
Thanks for the infornation which u have provided for my previous enquiry.but my father is a psu employees in LIC.He joined the LIC as a class three employees and now he is in class one category through promotion at the age of 42.His annual gross income as salary from LIC IS 4.2 LAKHS PER ANNUM so when i appelied for my obc certificate what are the necessary document that i have to submit along with the obc application form and for the creamy layer certificate.AND AT LAST WE HAVE A RSIDENTIAL PROPERTY TOO.WHICH EARN US AROUND 40000 PER ANNUM.
Thanks for the infornation which u have provided for my previous enquiry.but my father is a psu employees in LIC.He joined the LIC as a class three employees and now he is in class one category through promotion at the age of 42.His annual gross income as salary from LIC IS 4.2 LAKHS PER ANNUM so when i appelied for my obc certificate what are the necessary document that i have to submit along with the obc application form and for the creamy layer certificate.AND AT LAST WE HAVE A RSIDENTIAL PROPERTY TOO.WHICH EARN US AROUND 40000 PER ANNUM.
SHAILENDRA WAGADRE All India General Secretary APAAX
@ 20.09.2008 09:27 ISTDear GAGADHAR, You have to submit the docuementry proof from LIC to satisfy the certificate issuing authrity about the statement "my father is a psu employees in LIC. He joined the LIC as a class three employees and now he is in class one category through promotion at the age of 42." other necessary docuement may please be enquire from local certificate issuing authrity. Please go through the POint no 10 of this Office Memorundum to know about other income (like RSIDENTIAL PROPERTY income etc.) which will be counted separately and shall not be clubbed with the salary.-
No.36033/5/2004-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
…….
New Delhi ,dated :the 14th October,2004
To
The Chief Secretaries of all the States/Union Territories.
Subject: Clarifications regarding creamy layer amongst OBCs.
****
Sir,
I am directed to invite your attention to the Schedule to this Department’s OM No.36012/22/93-(SCT) dated 8th September, 1993 which contains the criteria to determine the creamy layer amongst the OBCs. 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;
(f) 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.
4. Following questions have been raised from time to time about the application of the above provisions to determine creamy layer:
(i) Will the sons and daughters of parents either of whom or both of whom are directly recruited Class I/Group A officer(s) and such parent(s) dies/die or suffers/suffer permanent incapacitation after retirement be treated to be excluded from the creamy layer?
(ii) Will the sons and daughters of parents both of whom are directly recruited Class II/Group B officers and one of them dies or suffer permanent incapacitation after retirement be treated to be excluded from the creamy layer?
(iii) Will the sons and daughters of parents both of whom are directly recruited Class II/Group B officers and both of them die or suffer permanent incapacitation after retirement even though either of them has had got 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 be treated to be excluded from the purview of creamy layer?
(iv) Will the sons and daughters of parent(s) who retire from the service on the basis of which their sons and daughters fall in creamy layer, continue to fall in creamy layer after retirement of the parent(s)?
(v) Will the sons and daughters of parents of whom husband is directly recruited Class III/Group C or Class IV/ Group D employee and he gets into Class I/Group A at the age of 40 or earlier be treated to be falling in creamy layer?
(vi) Will a candidate who himself is a directly recruited Class I/Group A officer or a directly recruited Class II/Group B officer who got into Class I/Group A at the age of 40 or earlier be treated to be falling in creamy layer on the basis of his service status?
(vii) Will a candidate who has gross annual income of Rs.2.5 lakh or above or possesses wealth above the Exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years be treated to fall in creamy layer?
(viii) The instructions provide that a lady belonging to OBC category who has got married to a directly recruited Class I/Group A officer shall not be treated as falling in creamy layer on the basis of her marriage. Will a man belonging to OBC category who is married to a directly recruited Class I/Group ‘A’ officer be treated as falling in creamy layer on the basis of his marriage?
(ix) How will be the Income/Wealth Test apply in case of Sons and daughters of parent(s) employed in PSUs etc. in which equivalence or comparability of posts has not been established vis-à-vis posts in the Government?
(x) What is the scope of the explanation, ‘Income salaries or agricultural land shall not be clubbed’, given below the Income/ Wealth Test?
5. It is clarified in regard to clauses (i), (ii) and (iii) of para 4 that the sons and daughters of
(a) parents either of whom or both of whom are directly recruited Class I/Group A officers and such parent(s) dies/die or suffers/suffer permanent incapacitation while in service;
(b) parents both of whom are directly recruited Class II/Group B officers and one of them dies or suffers permanent incapacitation while in service; and
(c) parents both of whom are directly recruited Class II/Group B officers and both of them die or suffer permanent incapacitation while in service, even though either of them has benefit of employment in any International Organization like UN,IMF, World Bank, etc. for a period of not less than 5 years before their death or permanent incapacitation are not treated to be falling in creamy layer. But if the parent(s) dies/die or suffers/suffer permanent incapacitation in such cases after retirement from service, his/their sons and daughters would be treated to be falling in creamy layer and would not get the benefit of reservation.
6. In regard to clause (iv) of para 4, it is clarified that sons and daughters of parents who are included in the creamy layer on the basis of service status of their parents shall continue to be treated in creamy layer even if their parents have retired or have died after retirement.
7. In regard to clause (v) of para 4, it is clarified that the sons and daughters of parents of whom only the husband is a directly recruited Class II/Group B officer who gets into Class I/Group A at the age of 40 or earlier are treated to be in creamy layer. If the father is directly recruited Class III/Group C or Class IV/Group D employee and he gets into Class I/Group A at the age of 40 or earlier, his sons and daughters shall not be treated to be falling in creamy layer.
8. In regard to clauses (vi), (vii) and (viii) of para 4, it is clarified that the creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.
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 vis-à-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.
10. In regard to clause (x) of para 4, it is clarified that while applying the Income/Wealth Test to determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs.2.5 lakh per annum, income from agricultural land is more than Rs.2.5 lakh per annum, but income from other sources is less than Rs.2.5 lakh per annum, the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth Test provided his parent(s) do not possess wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years.
11. You are requested to bring the contents of this letter to all concerned in the State.
Yours faithfully,
(K.G. Verma)
Deputy Secretary to the Govt. of India.
Copy to:
1. All Ministries/Departments of Govt. of India.
2. Department of Economic Affairs (Banking Division), New Delhi.
3. Department of Economic Affairs (Insurances Division),New Delhi
4. Department of Public Enterprises, New Delhi.
5. Railway Board,
6. Union Public Service Commission/Supreme Court of India/ Election Commission/Lok Sabha Secretariat/Rajya Sabha Secretariat/Cabinet Secretariat/Central Vigilance Commission/ President’s Secretariat/Prime Minister’s Office/Planning Commission/National Commission for Backward Classes.
7. Staff Selection Commission ,CGO Complex, Lodi Road, New Delhi.
8. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg, New Delhi.
With the request to bring the contents of this letter to the notice of all concerned
biranchi
@ 22.09.2008 11:23 IST
My father is a central goverment employees .He started his job as grooup c and now he is in group a category.After the age of 40.His annual salary is more than 2.5 lakhs .we have a residential residential property.should i belong to creamy layer.
My father is a central goverment employees .He started his job as grooup c and now he is in group a category.After the age of 40.His annual salary is more than 2.5 lakhs .we have a residential residential property.should i belong to creamy layer.
sharmin
@ 24.09.2008 13:57 ISTany way of knowing when the cut-off will be raised from 2.5 lacs to 4 or 6 lacs?getting reservation for important exams depends on this..kindly provide information..
vinayak.k
@ 26.09.2008 13:12 ISTsir
my father is class 2 government medical officier..he retired in june 2008
his yearly income crossed 2.5 lakh only for the year 2007-2008 otherwise his yearly income was below 2.5 lakh
now his year income is less than 1.5 lakh.. please tell me whether i m obc non creamy layeror no...
i m applying for aiims exam
hariprasad
@ 26.09.2008 22:52 ISTsir, ihave a doubt. my father is working as a professor and head of the deparment in university. he joined as lectturer at his age of 27 years and he became reader at the age of 38 years and he became professor at the age of 46 years. i need to know whether i come under creamy layer or not.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 27.09.2008 07:43 ISTDear biranchi, sharmin, vinayak and hariprasad. Recieved querry. I am repplying soon probably at today night.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 27.09.2008 20:38 ISTDear biranchi. You are not a creamy layer candidate. The rule (2) & (3) of creamy layer criteria dated 08.09.1993 clearly speaks that only son or daughter of following “government servants” will be treated as creamy-layer.
(i) Parents, either of whom is a group-A officer. (Direct Recruitment)
(i) Parents, both of whom are group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B officer and he gets into group-A at the age of 40 or earlier.
(iv) In military, colonel and above.
Other than the above 4, entire government servant OBCs (Central/State/PSUs) of the country will not fall under creamy-layer. Actually the creamy-layer limit of Rs. 2.50 lakhs is not meant for “government servants” and “farmers”. It is the limit for “business income” only. If their is any rental income from residential property it will be checked separately by Rs. 2.5 lakhs criteria and even then income from salary or agricultural land shall not be clubbed with it.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 27.09.2008 20:39 ISTDear sharmin, As per the news sources it is confirm that the national commission for backward classes new Delhi has already submitted the recommendation to enhance the limit to Rs. 4.50 lakhs. The central cabinet will take the decision on implementation. It may come within a month or two.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 27.09.2008 20:39 ISTDear vinayak.k, You are not a creamy layer candidate. The rule (2) & (3) of creamy layer criteria dated 08.09.1993 clearly speaks that only son or daughter of following “government servants” will be treated as creamy-layer.
(i) Parents, either of whom is a group-A officer. (Direct Recruitment)
(i) Parents, both of whom are group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B officer and he gets into group-A at the age of 40 or earlier.
(iv) In military, colonel and above.
Other than the above 4, entire government servant OBCs (Central/State/PSUs) of the country will not fall under creamy-layer. Actually the creamy-layer limit of Rs. 2.50 lakhs is not meant for “government servants” and “farmers”. It is the limit for “business income” only. The status will remain unchanged if a person retire or die. See clause (6) of creamy layer clarification dated 14.10.2004.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 27.09.2008 20:39 ISTDear hariprasad, The rule (2) & (3) of creamy layer criteria dated 08.09.1993 clearly speaks that only son or daughter of following “government servants” will be treated as creamy-layer.
(i) Parents, either of whom is a group-A officer. (Direct Recruitment)
(i) Parents, both of whom are group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B officer and he gets into group-A at the age of 40 or earlier.
(iv) In military, colonel and above.
Other than the above 4, entire government servant OBCs (Central/State/PSUs) of the country will not fall under creamy-layer. If the post of reader is class-I post then only you will be creamy layer.
hariprasad
@ 27.09.2008 22:53 ISTsir,
thnx for your valuable information. as you said that if the post of reader is class-I post then only you will be creamy layer. how can i confirm whether it is class I post or not sir. please help me out with this regard.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 28.09.2008 06:38 ISTDear hariprasad, you can get the classification of posts like class-I, Class-II, Class-III and Class-IV from university of your father. I’m also searching.
ajitesh
@ 28.09.2008 19:56 IST
my father is working in a psu.LIC FROM THE LAST 35 YEARS..HE JOINED THE LIC AS A CLASS THREE EMPLOYEES.NOW HE IS IN CLASS ONE CATEGORY.HE GETS INTO CLASS ONE CATEGORY AT THE AGE 0F 41. AND HIS ANNUAL SALARY IS MORE THEN 2.5 LAKHS AND WE HAVE ARESIDENTIAL PROPERTY TOO. SHOULD I BELONG TO CREAMY LAYER CATEGORY.TELL ME THE DETAIL ABOUT CREAMY LAYER ..
my father is working in a psu.LIC FROM THE LAST 35 YEARS..HE JOINED THE LIC AS A CLASS THREE EMPLOYEES.NOW HE IS IN CLASS ONE CATEGORY.HE GETS INTO CLASS ONE CATEGORY AT THE AGE 0F 41. AND HIS ANNUAL SALARY IS MORE THEN 2.5 LAKHS AND WE HAVE ARESIDENTIAL PROPERTY TOO. SHOULD I BELONG TO CREAMY LAYER CATEGORY.TELL ME THE DETAIL ABOUT CREAMY LAYER ..
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 28.09.2008 23:46 ISTDear ajitesh, The rule (2) & (3) of creamy layer criteria dated 08.09.1993 clearly speaks that only son or daughter of following “government servants” will be treated as creamy-layer.
(i) Parents, either of whom is a group-A officer. (Direct Recruitment)
(i) Parents, both of whom are group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B officer and he gets into group-A at the age of 40 or earlier.
(iv) In military, colonel and above.
Other than the above 4, entire government servant OBCs (Central/State/PSUs) of the country will not fall under creamy-layer. Actually the creamy-layer limit of Rs. 2.50 lakhs is not meant for “government servant's salary income”. It is the limit for “business income of a family” only.If their is any rental income from residential property it will be checked separately by Rs. 2.5 lakhs criteria and even then income from salary or agricultural land shall not be clubbed with it.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 28.09.2008 23:48 ISTDear ajitesh, The rule (2) A, B and C & (3) of creamy layer criteria dated 08.09.1993 clearly speaks that only son or daughter of following “government or PSU employees” will be treated as creamy-layer.
(i) Parents, either of whom is a group-A officer. (Direct Recruitment)
(i) Parents, both of whom are group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B officer and he gets into group-A at the age of 40 or earlier.
(iv) In military, colonel and above.
Other than the above 4, entire government servant OBCs (Central/State/PSUs) of the country will not fall under creamy-layer. Actually the creamy-layer limit of Rs. 2.50 lakhs is not meant for “government servant's salary income”. It is the limit for “business income of a family” only.If their is any rental income from residential property it will be checked separately by Rs. 2.5 lakhs criteria and even then income from salary or agricultural land shall not be clubbed with it.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 29.09.2008 19:07 ISTDear Santosh yadav You are not a creamy layer candidate and you can definitely apply for job in obc quota. The rule (2) & (3) of creamy layer criteria dated 08.09.1993 clearly speaks that only son or daughter of following “government servants” will be treated as creamy-layer.
(i) Parents, either of whom is a Class I officer. (Direct Recruitment)
(i) Parents, both of whom are Class II officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a Class II officer and he gets into Class I at the age of 40 or earlier.
(iv) In military, colonel and above.
Other than the above 4, entire government servant OBCs (Central/State/PSUs) of the country will not fall under creamy-layer. Actually the creamy-layer limit of Rs. 2.50 lakhs is not meant for “government servants” and “farmers”. It is the limit for “business income” only.
A. Singh
@ 30.09.2008 09:09 ISTDear sir,
Please refer G.I., Dept. of Per. & Trg., O.M. No.36012/22/93-Est. (SCT) dated 8.9.1993...
C. Employees in Public Sector The criteria enumerated in A and B above in this category will apply mutatis mutandis to officers holding equivalent or comparable posts in PSUs, Banks, Insurance organisations,Universities, etc., and also to equiva- lent or comparable posts and positions under private employment, pending the evaluation of the posts on equivalent or comparable basis in these institutions, the criteria specified in ategory VI below will apply to the officers in these institutions.
Now see what section VI says...
"VI. Income/Wealth Test Son(s) and daughter(s) ---
(a) Persons having gross annual income
of Rs.1 lakh or above
or possessing wealth above the
exemption limit as prescribed in
the Wealth Act for a period of
three consecutive years.
(b) Persons in Categories I, II, III
and V-A who are not disentitled to
the benefit of reservation but have
income from other sources of wealth
which will bring them within the
income/wealth criteria mentioned in
(a) above.
EXPLANATION :-
12
(i) Income from salaries or agri- cultural land
shall not be clubbed;
(ii) The income criteria in terms of rupee will
be modified taking into account the
change in its value every three years. If
the situation, however, so demands, the
interregnum may be less."
It is very clear salary income of PSU employees is not a criteria..only income from "other sources" is a criteria.
Now see what No.36033/5/2004-Estt.(Res.) dated 14th October,2004 says?
"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 vis-à-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.
10. In regard to clause (x) of para 4, it is clarified that while applying the Income/Wealth Test to determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs.2.5 lakh per annum, income from agricultural land is more than Rs.2.5 lakh per annum, but income from other sources is less than Rs.2.5 lakh per annum, the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth Test provided his parent(s) do not possess wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years."
please read point no 9....According to i income test shall be applied on salary of PSU employees.
again 10 says income from salaries will not be taken into account.
Both are mutually contradictory:
What does it mean?
A central government employee who became Group A officer at age of 41 and with salary income of 10 lakh rupees will not fall in creamy layer.
However PSU employees even holding smaller posts like foreman or supervisor with salary income of 2.6 lakh per year will be treated as creamy layer just because Government of India has failed to classify PSU/Bank/University etc posts. Why we should suffer for government's inaction?
This is total injustice. Please do something. I am writing to NCBC and dopt to remove this anamoly.
Please do something. If you are ready to forward letter I will mail you
I have tried to call but I am not able to connect you. Please give me correct no.Please circulate this mail
Thanks & Regards
A. Singh
contacttosingh101@rediffmail.com
Please mail me
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 30.09.2008 21:05 ISTDear A. Singh,
My phones are 09425003700 (mobile) or 07146277477 (Residence). Please give me your phone numbers.
A. Singh
@ 01.10.2008 09:36 ISTI am preparing a letter to NCBC and Ministry for social justice, I want atleast 1000 representations to be sent if possible the same could be forwarded to MPs from SC/ST/OBC community.If any one is ready to circulate I will mail him the letter.
Please give some relevant points for letter
More on Impacts:
1. A Colnel whose salary income is 8 lakh per annm does not fall in creamy layer but a teacher whose post is not classified if his income is more than 2.5 lakhs he will fall in creamy layer.
2.All University Staff/ Bank/LIC staff and others whose posts have not been classified will fall in creamy layer if their salary income is more than 2.5 lakh per year.
What should be done:
A. The Unclassified posts of PSUs/Banks/Universities etc should be classified immediately till this happen their income from salary or agriculture income should not be taken into account for creamy layer purpose.
B. The income limit should be linked with inflation ...as government has failed to raise this limit every three years as promised in Sept 1993 OM.
Question:why Govt has not taken any steps so far to classify the said unclassified posts?.....In central Govt jobs only 5% people are OBC ..Most of the OBCs have joined lower posts of PSUs which are very much comparable to Group C/GroupD posts...rest of OBCs are too poor to educate their children....so what is the result majorty of the OBCs who are potential competitors are removed from OBC list.
ajitesh
@ 01.10.2008 13:02 IST
you have told 2.5 lakhs criteria only applicable to unclassified post.so for a promoted PSU employees after the age of 40.he will get the reservation what ever may be the salary. so.my father is working in lic for the past 35 year.he gets into the class one category at the age of 41.so i will get reservation.
you have told 2.5 lakhs criteria only applicable to unclassified post.so for a promoted PSU employees after the age of 40.he will get the reservation what ever may be the salary. so.my father is working in lic for the past 35 year.he gets into the class one category at the age of 41.so i will get reservation.
preety
@ 01.10.2008 13:04 ISTi want to know about the validity period of non creamy layer certificate for OBC.plz,give me full informations about its validity period[for how many years] and provisions regarding its renewal.
A. Singh
@ 01.10.2008 16:04 ISTDear ajitesh,
Does LIC follow Govt. of India's classification of GroupA/ GroupB/ GroupC/ Group D? I think it does not follow Government of India's classification.
Whatever you are telling I agree but Government does not agree. We have to fight for this and ask government to classify PSU/Bank/LIC/University/School staff positions to be evaluated vis a vis to Govt of India. Till that time income from salary should not be taken into account for creamy layer determination. Please read para 9 of No.36033/5/2004-Estt.(Res.) dated 14th October,2004. This is an anomoly/discrimation , Please write against this to NCBC. If you don't agree with me you can ask any one from NCBC
ajitesh
@ 01.10.2008 16:31 IST
no lic doesnt follow the groupA/group B/groupC/groupD classification.but it follow class one class two class three classification.i just want to know can i get the resrvation benefit.
no lic doesnt follow the groupA/group B/groupC/groupD classification.but it follow class one class two class three classification.i just want to know can i get the resrvation benefit.
manisha mishra
@ 01.10.2008 16:37 IST
i have read lot of question and answer from this website.my father is working in a public sector insurance company from 1973.he started his career as a class three employees now he is in class one category but after the age of 40 his salary is around 4.8 laksh per annum.should i belong to creamy layer.
i have read lot of question and answer from this website.my father is working in a public sector insurance company from 1973.he started his career as a class three employees now he is in class one category but after the age of 40 his salary is around 4.8 laksh per annum.should i belong to creamy layer.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 01.10.2008 20:41 ISTmanisha mishra as per details furnished by you, you does not belong to creamy layer.Please go through the cremy layer criteria dated 08.09.1993 and clarification dated 14.10.2004. you have to explain amd satisfy about this to caste certificate issuing authority.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 01.10.2008 21:42 ISTDear A. Singh,
You have taken a good task but before this movement kindly read again the clause 6(C) of criteria dated 08.09.93 from English version only. Whether "positions under private employment, pending the evaluation of the posts on equivalent or comparable basis in these institutions, the criteria specified in Category VI below will apply to the officers in these Institutions." is a separate second sentence applicable only to private employment or is it also applicable to PSU also?
I think the government of India left the assessment of status of psu employees on caste certificate issuing authority.
Column (B) and (C) of APPLICATION FORM FOR A CERTIFICATE FOR ELIGIBILITY FOR RESERVATION OF JOBS FOR OTHER BACKWARD CLASSES IN CIVIL POSTS AND SERVICES (available on net) can also help to reach on some conclusion.
As far as any movement we are always with you. I have sent some points for creamy layer revision in hindi with “hindi fonts” on your mail. Which we have already sent to central government.
The work assigned to ncbc is only exclusion or inclusion of caste in central list of OBCs. Other than which they carry out any special task assigned by GOI. We have to peruse the matter mainly with the ministry. I had a one hour discussion with ncbc chairman on 12th June 2008. He assured for recommendation to GOI to constitute an expert committee to resolve the issues of creamy layer other then the task assigned to recommend enhancement of 2.50 lakh limit.
Even if possible please mail me your phone number for detail discussion.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 01.10.2008 23:37 ISTDear preety, Technically the non creamy layer certificate for OBC is valid for one year due to creamy layer certification. Normally it is mentioned in advertisement regarding required date of issue of certificate. For example please go through note written in the obc caste certificate format available on website of AIEEE i.e. www.ccb.nic.in. In which it is mentioned that the certificates issued after 31 March 2008 will only be accepted. For renewal or getting a new central certificate few formalities are there. Normally the Tehsil office issue a new central certificate on same day on the basis of your state obc certificate FILE.
bibhuti
@ 02.10.2008 20:28 IST
hello.sir i want to know validity period of obc creamy layer certificate.and should i renew every year or a new one should i applied for.
hello.sir i want to know validity period of obc creamy layer certificate.and should i renew every year or a new one should i applied for.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 03.10.2008 07:00 ISTDear bibhuti, Technically the Central Government’s non creamy layer caste certificate for OBC is valid for one year only as the creamy layer certification is their. Normally the required/crucial date of issue of certificate is always mentioned in the advertisement. For example please go through note written on obc caste certificate format given by AIEEE counseling on website www.ccb.nic.in. In which it is mentioned that the certificates issued after 31 March 2008 will only be accepted.
For renewal or getting a new central obc certificate you have to submit an application on plain paper and your original state obc certificate with 2 copies of Central Government’s non creamy layer certificate format dully filled up. Normally the Tehsil office issues a new central certificate on the same day on the basis of your state obc certificate FILE and simultaneously returns the original state obc certificate. To get a new Central obc certificate on the basis of your state obc certificate you can adopt this one day procedure every year.
A. Singh
@ 03.10.2008 09:04 ISTDear ajitesh,
Does LIC pays central government pay scale? If yes then you will get reservation benefit.I will suggest you to talk to NCBC and send a letter .NATIONAL COMMISSION FOR BACKWARD CLASSES
TRIKOOT - 1, BHIKAJI CAMA PLACE
NEW DELHI - 110 066.
Tel. No. (011)2618-9210, 9211, 9212
Fax No. 2618-3227
If Sept 1993 letter is followed you should get reservation but what does Oct 2004 clarification says is problematic.I suggest please discuss with NCBC and report every one what they say.
ajitesh
@ 03.10.2008 11:20 IST
is there any email address of NCBC OFFICIAL is available to whom i should send AN EMAIL
is there any email address of NCBC OFFICIAL is available to whom i should send AN EMAIL
A. Singh
@ 03.10.2008 12:27 ISTajitesh,
visit http://ncbc.nic.in/ However seems they don't open their mails So Plz call or write a letter
bikram
@ 03.10.2008 15:25 IST
helllo,
sir i am bikram from an obc community. my father is working in a public sector insurance company from 1971.He joined the company as a class three employees and now he is in class one category but after the age of 41 and his annual salary is around 4.3 lakhs per annum and we have a residential property too which earns us around 45000 per annum.SHOULD I BELONG TO CREAMY LAYER CATEGORY.income test or wealth test what does it means and to whom that criteria apply thank you..
helllo,
sir i am bikram from an obc community. my father is working in a public sector insurance company from 1971.He joined the company as a class three employees and now he is in class one category but after the age of 41 and his annual salary is around 4.3 lakhs per annum and we have a residential property too which earns us around 45000 per annum.SHOULD I BELONG TO CREAMY LAYER CATEGORY.income test or wealth test what does it means and to whom that criteria apply thank you..
Hanwanta Ram
@ 03.10.2008 18:30 ISTMy wife is working as primary teacher under Govt. of Rajasthan. His father was Veterynary Doctor under Govt. of Rajasthan and her mother is also teacher in Govt of Rajasthan. Her Father retired from the service in 2002 and mother is likely to be retired in three years. Annual income of her father is Rs.1.31 Lacs and her mothers is 2.44 Lacs. and Annual income of herself (i.e. my wife is Rs. 1.40 Lacs). Does she is entitled for OBC non creamy layer? Our Tehsildar persisting us to include the income of my wife also for computation of Income of the family. My wife is residing with me seaparately from her parents. Does the insisting of Tehsildar is proper or some otherwise? Please clarify and oblide.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 03.10.2008 23:29 ISTThanks to Government of india for increasing the income limit to 2.50 lakh in clause (6) of central's creamy layer criteria
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 03.10.2008 23:29 ISTThanks to Government of india for increasing the income limit to 4.50 lakh in clause (6) of central's creamy layer criteria
SAILESH SHINDE
@ 04.10.2008 15:46 ISTOBC, SC PEOPLE ARE THINKING RESERVATION IS THEIR BIRTH RIGHT, THIS IS WRONG.BY MEANS OF RESERVATION YOU ARE KILLING SO MANY YOUND MERIT ORIENTED STUDENTS WHO BELONG TO FORWARD CLASSES.
GOVT OF INDIA INCRESING INCOME LIMIT SHOWS THIS IS VOTE BANK POLITICS, IF A FATHER IS GETTING YEARLY 4.50 LAS, WHY THERE IS A RESERVATION.
THINK FOR YOUR CONCIOUS.
preety
@ 06.10.2008 13:35 ISTsir,in case of service exam,i submitted my caste certificate for OBC status issued by DM at[PT,mains & interview]but i submitted my certificate regarding non creamy layer status issued by DM after my interview date because i couldnt get it at my interview.i obtained marks more than the cutoff limit for OBC category,but the appointing authority treated me as a general candidate.[ PTexam held in yr 2005, main & interview in 2007].MY QUESTION IS- can i claim for reservation in court.Is there any provision which helps me in this claim.plz,give me guidelines.
preety
@ 06.10.2008 13:52 ISTsir, i opened the site www.ccb.nic.in but i couldnt get provisions regarding the renewal of creamy layer certificate.plz help me,on which topic i should click in that website.
preety
@ 06.10.2008 14:05 ISTsir, i opened the site www.ccb.nic.in but i couldnt get provisions regarding the renewal of creamy layer certificate.plz help me,on which topic i should click in that website.
preety
@ 06.10.2008 14:07 ISTsir, i want to know about the renewal of state govt's non creamy layer caste certificate.plz,give guidelines.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 07.10.2008 07:06 ISTTo preety Whether they asked to submit the non-creamy layer caste certificate before the PT? However there is a scope to get relief from court. You should discuss the matter with any advocate immediately.
There is no any standard renewal procedure of state Govt’s non creamy layer caste certificate in MP and Chattisgarh.
The format of central obc caste certificate downloaded (today itself) from www.ccb.nic.in is enclosed herewith.
OBC , SC /ST and PH Certificate formats
(A) OBC Candidates
The candidates as per AIEEE 2008 records shall only be considered as OBC for Central Counselling. They will have to satisfy the caste and Creamy Layer requirements detailed on the following National Commission for Backward Classes (ncbc) websites:
(a) http://ncbc.nic.in/backward-classes/index.html
(b) http://ncbc.nic.in/html/creamylayer.html
The candidates are required to bring the OBC certificate at the time of counselling as per the format given here.
Proforma for Other Backward Class (OBC) Certificate
[Certificates issued from Maharashtra State must be validated by the Social Welfare Department of the Maharashtra Government]
(CERTIFICATE TO BE PRODUCED BY OTHER BACKWARD CLASSES APPLYING FOR ADMISSION
TO CENTRAL EDUCATIONAL INSTITUTIONS (CEIs), UNDER THE GOVERNMENT OF INDIA)
This is to certify that Shri / Smt. / Kum. _________________________________________Son /Daughter of Shri / Smt. _________________________________ of Village / Town
________________________________ District / Division ____________________________ in the
______________________________ State belongs to the ______________________________
Community which is recognized as a backward class under:
(i) Resolution No. 12011/68/93-BCC(C) dated 10/09/93 published in the Gazette of India Extraordinary Part I Section
I No. 186 dated 13/09/93.
(ii) Resolution No. 12011/9/94-BCC dated 19/10/94 published in the Gazette of India Extraordinary Part I Section I No.
163 dated 20/10/94.
(iii) Resolution No. 12011/7/95-BCC dated 24/05/95 published in the Gazette of India Extraordinary Part I Section I No.88 dated 25/05/95.
(iv) Resolution No. 12011/96/94-BCC dated 9/03/96.
(v) Resolution No. 12011/44/96-BCC dated 6/12/96 published in the Gazette of India Extraordinary Part I Section I No. 210 dated 11/12/96.
(vi) Resolution No. 12011/13/97-BCC dated 03/12/97.
(vii) Resolution No. 12011/99/94-BCC dated 11/12/97.
(viii) Resolution No. 12011/68/98-BCC dated 27/10/99.
(ix) Resolution No. 12011/88/98-BCC dated 6/12/99 published in the Gazette of India Extraordinary Part I Section I No. 270 dated 06/12/99.
(x) Resolution No. 12011/36/99-BCC dated 04/04/2000 published in the Gazette of India Extraordinary Part I Section I
No. 71 dated 04/04/2000.
(xi) Resolution No. 12011/44/99-BCC dated 21/09/2000 published in the Gazette of India Extraordinary Part I Section I
No. 210 dated 21/09/2000.
(xii) Resolution No. 12015/9/2000-BCC dated 06/09/2001.
(xiii) Resolution No. 12011/1/2001-BCC dated 19/06/2003.
(xiv) Resolution No. 12011/4/2002-BCC dated 13/01/2004.
(xv) Resolution No. 12011/9/2004-BCC dated 16/01/2006 published in the Gazette of India Extraordinary Part I
Section I No. 210 dated 16/01/2006.
Shri / Smt. / Kum. _________________________________________ and / or his family ordinarily reside(s)in the _____________________________ District / Division of __________________________ State.
This is also to certify that he / she does not belong to the persons / sections (Creamy Layer) mentioned in Column 3 of the Schedule to the Government of India, Department of Personnel & Training O.M. No.36012/22/93-Estt. (SCT) dated 08/09/93 which is modified vide OM No. 36033/3/2004 Estt.(Res.) dated 09/03/2004 or the latest notification of the Government of India.
Dated: District Magistrate/ Competent Authority
Seal
NOTE:
(a) The term ‘Ordinarily’ used here will have the same meaning as in Section 20 of the Representation of the People Act,
1950.
(b) The authorities competent to issue Caste Certificates are indicated below:
(i) District Magistrate / Additional Magistrate / Collector / Deputy Commissioner / Additional Deputy
Commissioner / Deputy Collector / Ist Class Stipendiary Magistrate / Sub-Divisional magistrate / Taluka
Magistrate / Executive Magistrate / Extra Assistant Commissioner (not below the rank of Ist Class Stipendiary
Magistrate).
(ii) Chief Presidency Magistrate / Additional Chief Presidency Magistrate / Presidency Magistrate.
(iii) Revenue Officer not below the rank of Tehsildar.
(iv) Sub-Divisional Officer of the area where the candidate and / or his family resides.
(c) The annual income / status of the parents of the applicant should be based on financial year ending March 31, 2008.
bikram
@ 08.10.2008 23:47 IST
helllo,
sir i am bikram from an obc community. my father is working in a public sector insurance company from 1971.He joined the company as a class three employees and now he is in class one category but after the age of 41 and his annual salary is around 4.3 lakhs per annum and we have a residential property too which earns us around 45000 per annum.SHOULD I BELONG TO CREAMY LAYER CATEGORY.income test or wealth test what does it means and to whom that criteria apply thank you..
helllo,
sir i am bikram from an obc community. my father is working in a public sector insurance company from 1971.He joined the company as a class three employees and now he is in class one category but after the age of 41 and his annual salary is around 4.3 lakhs per annum and we have a residential property too which earns us around 45000 per annum.SHOULD I BELONG TO CREAMY LAYER CATEGORY.income test or wealth test what does it means and to whom that criteria apply thank you..
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 09.10.2008 06:42 ISTDear bikram, please go through the clause 9 and clause 10 of "Clarifications regarding creamy layer amongst OBCs" dated 14.10.2008 posted earlier. According to which you are a non-creamy layer candidate.
Ragunathn
@ 09.10.2008 21:09 ISTAs per the news paper cabinet approved the new creamy layer limit of 4.5 Lakhs but no office order have been issued for this.
Is any one idea or can tell url where one should get the latest order.i checked on ncbc site it is not there.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 10.10.2008 08:10 ISTDEAR Ragunathn, order yet not issued. you can contact ncbc on telephone also. The order will be issued by DOPT.
abhishek das
@ 10.10.2008 12:35 IST
sir
as per ur information i went there to the BDO office for aapplying the obc certificate. i did all the formalities but the tahsildar instisted me to have your father annual salary certificate as my father is a psu insurance employees so as per rule i dont need to submit such salary certificate as my father post is a classfied one according to ncbc notification what should i do now.
sir
as per ur information i went there to the BDO office for aapplying the obc certificate. i did all the formalities but the tahsildar instisted me to have your father annual salary certificate as my father is a psu insurance employees so as per rule i dont need to submit such salary certificate as my father post is a classfied one according to ncbc notification what should i do now.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 11.10.2008 07:00 ISTDear Abhishek, The competent authorities are not aware of circulars issued by government. In connection to your earlier application submitted you can submit them the photocopies of criteria dated 8.9.93 and clarification dated 14.10.2004 in writing with an application on plain paper by explaining the facts and request to issue the certificate. Mainly this is an exercise of explanation convincing and their satisfaction. Don’t present or except the things verbally.
Ultimately ask them to cancel your application of obc certificate in writing as per the rules known to them. By taking its copy (nakal) by depositing prescribed fee you can approach with it to DM/Collector or some proper court with consultation of a layer. If necessary give me a miss call.
preety
@ 12.10.2008 12:39 ISThello,sir i want to ,Is there any evidence in the form of govt. report,that technically state non creamy layer caste certificate is valid for 1 yr & it is necessary to get a new certificate every yr.plz,give guidelines.
preety
@ 12.10.2008 12:52 ISThello,sir i want to know that, in case of state public service commission exam,i submitted my caste certificate for obc status issued by DM at[PT,mains,interview],but , i submitted my certificate regarding non creamy layer status issued by DM after my interview date,because i couldnt get it at my interview date.i obtained marks more than the cutoff limit for obc category,but the appointing authority treated me as general candidate.[PT exam at 2005,mains & interview at 2007]. appointing authority didnt fix the crucial date for obc certificate[with creamy layer].MY QS. IS can i claim for reservation in court.Is there any provision which helps me in this claim.plz,give guidelines.
preety
@ 12.10.2008 13:06 ISTsir,the appointing authority asked for caste certificate[with creamy layer clarification] at the time of application for PT exam at 2005 and then at interview at 2007.sir,
is there any evidence in form of govt report for renewal of non creamy layer caste certificate in Bihar state.
i want to know the full form of APAAX.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 12.10.2008 21:59 ISTDear Preety, The full form of APAAX is "All India SC-ST-OBC & Minorities Officers & Employees Association" registered at delhi in 1997.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 13.10.2008 20:26 ISTDear Preety,(01) Please go through the creamy layer criteria Rule no. VI (a) i.e. “Persons having gross annual income of Rs. 2.50 lakh or above or possessing wealth above the exemption limit as prescribed in the Wealth Act for a period of three consecutive years.” will be treated as creamy layer.
It is self evident that if a period of last three consecutive years plus one year is over a new certificate is required on the basis of last three consecutive year’s income.
(02) If you are a non-creamy layer candidate at the time of PT, mains, interview and there after due to circumstances you might have become a creamy-layer candidate after the interview. Which is a reverse situation? Then it is a strong case to win from the court. But as you was not having a non-creamy layer certificate during the whole process of recruitment means you was a general category candidate. However you can take advice from a good lawyer.
(03) There is no any evidence in form of govt report for renewal of non creamy layer caste certificate is observed even in Central Govt’s OBCs certificate process.The full form of APAAX is "Akhil Bhartiya Anusuchit Jati Jan Jati Pichada Warg avam Alpasankhyak Adhikari Karmchari Sangathan" registered at delhi in 1997.
mithun chakraborty
@ 14.10.2008 17:25 IST
helllo.
i want to know what are the basic things that i have to do when i start applying for an obc certificate.and what r the documents that i have to submitted along with the obc application form.
helllo.
i want to know what are the basic things that i have to do when i start applying for an obc certificate.and what r the documents that i have to submitted along with the obc application form.
Ragunathan
@ 16.10.2008 07:48 ISTThe raising of income limit crieteria to 4.5 lakhs is going to be challenged.Even government has not issued notification for it.
What this government wants to do ? when ncbc submitted its report on 1 july08 then after 3 months on 3'rd oct08 it was approved by the government.This indicated that government itself it not serious about this matter.I have doubt now that 4.5 limit may get rejected by supreme court due to not proper follow up by the government with propoer justification.
parvinder singh
@ 16.10.2008 15:12 ISTsir kindly give me goi notification no 36033.3/2004 dated 09/03/2004
COL D ROY
@ 16.10.2008 18:32 ISTsir,
kindly give the govt publication with publishers details and page no rule no etc which gives details on classification for military personnel children get benefit for admission inti IIT's , IIM etc;
Thanks
aarthy
@ 16.10.2008 19:16 ISTsir,i had an interview in sbi on 14th oct and i was asked to submit my obc certificate that iam in non-creamy layer my father enters the non-creamy only after the new govt.order that person getting less than 4.5lak is now on non-creamy layer.I JUST GAVE AN UNDERTAKING TO PANELS THAT I WILL SUBMIT MY OBC CERTIFICATE WITH IN 22ND OCT.CAN U HELP ME TO GET THE GOVT.ORDER ON NON-CREAMY LAYER
Ragunathan
@ 16.10.2008 19:28 ISTSome points are confusing to me about determing creamy layer :
Suppose a teacher who is semi government employee and where classification is not avilable then son of that person will be fall in creamy layer if the income of three consective years exceeds 2.5 lakhs. AM i correct ?
As per the explanation issued by DOPT dated 14/10/2004
(ix) How will be the Income/Wealth Test apply in case of Sons and daughters of parent(s)
employed in PSUs etc. in which equivalence or comparability of posts has not been established
vis-à-vis posts in the Government?
(x) What is the scope of the explanation, ‘Income salaries or agricultural land shall not be
clubbed’, given below the Income/ Wealth Test?
explanation :
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.
10. In regard to clause (x) of para 4, it is clarified that while applying the Income/Wealth Test to
determine creamy layer status of any candidate as given in Category-VI of the Schedule to the
OM, income from the salaries and income from the agricultural land shall not be taken into
account. It means that if income from salaries of the parents of any candidate is more than Rs.2.5
lakh per annum, income from agricultural land is more than Rs.2.5 lakh per annum, but income
from other sources is less than Rs.2.5 lakh per annum, the candidate shall not be treated to be
falling in creamy layer on the basis of Income/Wealth Test provided his parent(s) do not possess
wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three
consecutive years.
I once again ask you that if classification of GOE is not avilable then his salary will be taken into account for calculating income criteria of 2.5 laks or not.
In this blog it is not being cleared.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 19.10.2008 00:49 ISTAVAILABLE ON "DOPT" WEBSITE
NO.36033/3/2004-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
New Delhi, dated the 14th October, 2008
Subject:- Revision of income criteria to exclude socially advanced
persons/sections (Creamy Layer) from the purview of reservation
for Other Backward Classes (OBCs).
The undersigned is directed to invite attention to this Department's O.M
No.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 limit of income for determining the creamy layer
status was raised to Rs. 2.5 lakh vide this Department's OM of even number
dated 9.3.2004. It has now been decided to raise the income limit from Rs. 2.5
lakh to Rs. 4.5 lakh per annum for determining the creamy layer amongst the
OBCs. Accordingly the following entry is hereby substituted for the existing
entry against Category VI in the Schedule to the above referred O.M.
To whom the rule of exclusion will apply
~
Son(s) and daughter(s) of
(a)Persons having gross annual
income of Rs. 4.5 lakh or above
or: possessing wealth above the
exemption limit as prescribed in
the Wealth Tax Act for period of
three consecutive years.
(b)Persons in Categories I, II, III
and V A who are not disentitled to
the benefit of reservation but
have income from other sources
of wealth which will bring them
within the incomelwealth criteria
mentioned in (a) above.
Income from salaries or
agricultural land shall not be
clubbed.
2. The provisions of this Office Memorandum take effect from
the 3rd October, 2008.
3. All the Ministries/Departments are requested to bring the contents of this
Office Memorandum to the notice of all concerned.
(K.G Verma)
Director
1. All the Ministries/Departments of the Government of India.
2. Department of Economic Affairs (Banking Division), New Delhi.
3. Department of Economic Affairs (Insurance Division), New Delhi.
4. Department of Public Enterprises, New Delhi.
5. Railway Board.
6. Union Public Service Commission/Supreme Court of India/Election
Commission/Lok Sabha Secretariat/Rajya Sabha Secretariat/Cabinet
Secretariat/Central Vigilance Commission/ President's
Secretariat/Prime Minister's Office/Planning Commission.
7. Staff Selection Commission, CGO Complex, Lodhi Road, New Delhi.
8. Ministry of Social Justice and Empowerment, Shastri Bhavan, New
Delhi.
9. National Commission for SCs and STs, Lok Nayak Bhavan, New Delhi.
10. National Commission for Backward Classes, Trikoot-I, Bhikaji Cama
Place, R.K. Puram, New Delhi.
11. Office of the Comptroller and Auditor General of India, 10
Bahadurshah Zafar Marg, New Delhi- 110002.
12. Information and Facilitation Centre, DOPT, North Block, New Delhi.
(100 copies)
13. Spare copies - 400.
The Chief Secretaries of all the States/ UTs. for information and
necessary action.
aarthy
@ 19.10.2008 10:11 ISTthank u sir for your information but tasildhars are asking the order from their chief secretrait and my relative got an order from vellore dist.but i belong to madurai dist.will they accept this?
CHANTI
@ 19.10.2008 10:13 ISTsir thanks to
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
and the G.O (OBC CREAMY LAYER 4.5 LAKHS )WILL BE AVAILABLE IN THE URL(IT WILL SHOW DIRECTLY THE COPY WITH UPDATED CIRCULAR)
http://persmin.nic.in/Circular/CircularReport.asp?choice=11
CHANTI
@ 19.10.2008 10:16 ISTthanks to SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
the obc circular will be directly appeared in the link
http://persmin.nic.in/Circular/CircularReport.asp?choice=11
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 19.10.2008 21:09 ISTDear CHANTI, Many thanks for putting such valuable information on net. Others must also come forward for such social work.
d roy
@ 20.10.2008 14:40 ISTplease forward govt orders details which gives benefits to defence force officers falling under bc catagory, what are the critera, ie; rank. annual income etc. As on date WE in Army are not aware at all. It will be of good help to all Defence officers.
Thans
bikash mahapatra
@ 20.10.2008 15:44 IST
sir my self an obc community student from orissa.my father is working in LIC from last 35 years he joined the organistaion as a class three employees and now he is in class three beacket but after the age of 41 and his annual salary 4.3 lakhs per annum.should i belong to creamy layer and what is the meaning of income or welth test and whom should the concept be applied.
sir my self an obc community student from orissa.my father is working in LIC from last 35 years he joined the organistaion as a class three employees and now he is in class three beacket but after the age of 41 and his annual salary 4.3 lakhs per annum.should i belong to creamy layer and what is the meaning of income or welth test and whom should the concept be applied.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 20.10.2008 16:11 ISTDear d roy,Following will be treted as creamy layer and will not get OBC reservation as per Central Govt creamy layer criteria dated 08.09.1993
III. Armed forces including Paramilitary Forces (Persons holding civil posts are not included).
Son(s) and daughter(s) of parents either or both of whom is or are in the rank of Colonel and above in the Army and to equivalent posts in the Navy and the Air Force and the Paramilitary Forces; Provided that – (i) If the wife of an armed forces officer is herself in the armed forces (i.e., the category under consideration) the rule of exclusion will apply only when she herself has reached the rank of Colonel; (ii) the service ranks below Colonel of husband and wife shall not be clubbed together; (iii) if the wife of an officer in the armed forces is in civil employment, this will not be taken into account for applying the rule of exclusion unless she falls in the service category under item No. II in which case the criteria and conditions enumerated therein will apply to her independently.
Note-Annual Income criteria is not applicable for creamy layer checking of military persnnels.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 20.10.2008 16:20 ISTdear bikash mahapatra (01)Creamy Layer office memorandum full details (02) creamy layer clarification dated 14.10.2008 (03) Revision of income criteria to exclude socially advanced
persons/sections (Creamy Layer) from the purview of reservation
for Other Backward Classes (OBCs).
all are available above on this page.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 20.10.2008 16:22 ISTDear aarthy, They will accept it. You can download the order from net also.
bikash mohapatra
@ 20.10.2008 17:02 IST
but sir it is not clearly mentioned i am confused.and for PSU employees it is toatally confussing. can you tell me in detail how to determine the creamy layer criteria for a PSU employees
but sir it is not clearly mentioned i am confused.and for PSU employees it is toatally confussing. can you tell me in detail how to determine the creamy layer criteria for a PSU employees
Ragunathan
@ 20.10.2008 18:42 IST
It's very good that DOPT have issued new creamy layer criteria notification.
But pl. go through the following news.I request you all to write/talk the persons so that proper explanation should be made to SC if case is to be put up there.I have too much doubt that sc may stay this government decision.Although we all know this(limit 4.5) is justified but everwhere there is partiliaty for OBC people.The SC/ST reservation have been implemented long back and even suggestion of earlier CJI was to have creamy layer for SC/ST also.Same was not being done .
Now i am pasting the very news :
A five-judge constitutional bench headed by Chief Justice K.G. Balakrishnan also indicated that the government's decision may face a severe scrutiny by the apex court, if the same is challenged through a lawsuit.
"You file a petition, we will try to take the cream out of the creamy layer," remarked the bench as senior counsel K.K. Venugopal apprised the court of the cabinet decision, which, he said, is aimed at defeating the purpose of the apex court's April 10 ruling.
The ruling, upholding the law for 27 percent quota for OBC students in state-run institutions of higher learning, had stipulated that students belonging to the creamy layer among OBC will have to be kept out of the quota.
Apprising the court of the cabinet's decision on the enhanced income limit for the backward category people to be described as creamy layer, Venugopal pointed out several "inherent illegalities" of the decision.
He noted that the Supreme Court last year had struck down a Kerala government decision to fix Rs.300,000 as the minimum income for backward category people to be described as creamy layer.
The apex court had struck down the Kerala government's decision calling it unjustified, he said.
"Unless there is 80 percent inflation in just one year, the central government's decision too cannot be said to be justified," he added.
Venugopal also recalled arguments by Additional Solicitor General Gopal Subramaniam before the constitution bench during hearing of the lawsuits challenging the legality of the law reserving 27 percent seats for OBC students.
He recalled that Subramaniam had argued that 97.7 percent of backward category people earn a daily salary of Rs.80, which adds up to an annual earning of less than Rs.29000, and thus only a few among them could be assumed to be earning Rs.450,000 annually.
This implies that virtually no backward category people could be included in the creamy layer and the educational quota would be virtually available for all of them.
This would defeat the very purpose of the apex court ruling, he said, adding that he would file a separate petition as soon as the government notifies its cabinet decision.
Those people who are applying on 4.5 limit may suffer if it get stayed .i am in full supprt for 4.5 limit .
It's very good that DOPT have issued new creamy layer criteria notification.
But pl. go through the following news.I request you all to write/talk the persons so that proper explanation should be made to SC if case is to be put up there.I have too much doubt that sc may stay this government decision.Although we all know this(limit 4.5) is justified but everwhere there is partiliaty for OBC people.The SC/ST reservation have been implemented long back and even suggestion of earlier CJI was to have creamy layer for SC/ST also.Same was not being done .
Now i am pasting the very news :
A five-judge constitutional bench headed by Chief Justice K.G. Balakrishnan also indicated that the government's decision may face a severe scrutiny by the apex court, if the same is challenged through a lawsuit.
"You file a petition, we will try to take the cream out of the creamy layer," remarked the bench as senior counsel K.K. Venugopal apprised the court of the cabinet decision, which, he said, is aimed at defeating the purpose of the apex court's April 10 ruling.
The ruling, upholding the law for 27 percent quota for OBC students in state-run institutions of higher learning, had stipulated that students belonging to the creamy layer among OBC will have to be kept out of the quota.
Apprising the court of the cabinet's decision on the enhanced income limit for the backward category people to be described as creamy layer, Venugopal pointed out several "inherent illegalities" of the decision.
He noted that the Supreme Court last year had struck down a Kerala government decision to fix Rs.300,000 as the minimum income for backward category people to be described as creamy layer.
The apex court had struck down the Kerala government's decision calling it unjustified, he said.
"Unless there is 80 percent inflation in just one year, the central government's decision too cannot be said to be justified," he added.
Venugopal also recalled arguments by Additional Solicitor General Gopal Subramaniam before the constitution bench during hearing of the lawsuits challenging the legality of the law reserving 27 percent seats for OBC students.
He recalled that Subramaniam had argued that 97.7 percent of backward category people earn a daily salary of Rs.80, which adds up to an annual earning of less than Rs.29000, and thus only a few among them could be assumed to be earning Rs.450,000 annually.
This implies that virtually no backward category people could be included in the creamy layer and the educational quota would be virtually available for all of them.
This would defeat the very purpose of the apex court ruling, he said, adding that he would file a separate petition as soon as the government notifies its cabinet decision.
Those people who are applying on 4.5 limit may suffer if it get stayed .i am in full supprt for 4.5 limit .
SONAWANE SM
@ 21.10.2008 09:12 ISTSHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 21.10.2008 16:10 ISTDear bikash mohapatra,
If you are able to prove equivalence or comparability of posts vis-à-vis posts in Government then the Clause II A and II B of Creamy Layer Criteria dated 08.09.1993 will be applicable. According to which only son or daughter of following “government or PSU employees” will be treated as creamy-layer.
(i) Parents, either of whom is a group-A officer. (Direct Recruitment)
(i) Parents, both of whom are group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B officer and he gets into group-A at the age of 40 or earlier.
Other than the above 3, entire government servant OBCs (Central/State/PSUs) of the country will not fall under creamy-layer.
otherwise as per clause-09 of Creamy Layer Criteria Clarification dated 14.10.2004 It is clarified that the creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-à-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.4.5 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.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 21.10.2008 16:12 ISTPlease read Rs. 4.50 lakh in place of Rs. 2.50 lakh
preety
@ 22.10.2008 11:12 ISTthank u sir for information.
i want to know is there any relation between permanent residence certificate and non creamy layer obc certificate.is it necessary to get residence certificate before obtaining obc certificate in the same state.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 23.10.2008 06:52 ISTDear Preety, The condition of permanent resident is not sufficient to get an OBC Caste certificate of a particular State. The different States have fixed their own cutoff dates for eligibility of issuing OBC certificate for the migrants of other states. For example in Madhya Pradesh the OBC certificate is only issued to OBCs who have migrated from other States in Madhya Pradesh before the date 26.12.1984 that is the date of issue of State OBC Caste List. Hence in spite of proving a permanent resident of MP you have to prove that you are a resident of MP since 25.12.1984. However to get a Central OBC certificate from a particular State no any cut off date is observed for inter Sate OBC migrants.
AJITESH BAGARTI
@ 23.10.2008 23:33 IST
SIR IS IT NECESSARY TO PRODECED THE INCOME OR SALARY CERTIFICATE TO THE AUTHORITY TO DETERMINE THE CREAMY LAYER STATUS OF A PROMOTED PSU INSURANCE COMPANY EMLOYEES WHO GETS INTO THE CLASS ONE CATEGORY FROM CLASS THREE CATEGORY AFTER THE AGE OF 41.
SIR IS IT NECESSARY TO PRODECED THE INCOME OR SALARY CERTIFICATE TO THE AUTHORITY TO DETERMINE THE CREAMY LAYER STATUS OF A PROMOTED PSU INSURANCE COMPANY EMLOYEES WHO GETS INTO THE CLASS ONE CATEGORY FROM CLASS THREE CATEGORY AFTER THE AGE OF 41.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 24.10.2008 05:54 ISTDear AJITESH BAGARTI,
If you are able to prove equivalence or comparability of posts vis-à-vis posts in Government then the Clause II A and II B of post held of Creamy Layer Criteria dated 08.09.1993 will be applicable on you. According to which only the son and daughter of following “government or PSU employees” will be treated as creamy-layer.
(i) Parents, either of whom is a group-A officer. (Direct Recruitment)
(i) Parents, both of whom are group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B officer and he gets into group-A at the age of 40 or earlier.
Other than the above 3, entire government servant OBCs (Central/State/PSUs) of the country will not fall under creamy-layer.
As per the above if your status has been checked by post held then no need to produce income certificate. But you have to explain these things to competent authority issuing the certificate. You have to produce last three years Income Tax returns to check your parent’s business income only.
ajitesh bagarti
@ 25.10.2008 23:51 IST
sir..how can i convinced the certified authorites that equivalence or comparability of posts vis-à-vis posts in goverment..
sir..how can i convinced the certified authorites that equivalence or comparability of posts vis-à-vis posts in goverment..
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 27.10.2008 18:12 ISTA LANDMARK DECISION OF SUPREME COURT OF INDIA IN FAVOUR OF OBCs
(Presently not followed by UPSC, IIT, IIM, AIEEE, States etc.)
MERIT OBC CANDIDATE CAN NOT BE ADJUSTED AGAINST QUOTA: SC
(08 April, 2006)
Reaffirming its judgment on Mandal Commission case, the Supreme Court has held that a candidate from the Other Backward Class, selected in the general category, cannot be considered appointed under the OBC quota. A bench comprising Mr. Justice H K Sema and Mr. Justice A R Lakshmanan, in their judgment delivered on April 5, dismissed an appeal by the Centre and directed it to pay costs of Rs 10,000 each to all of the respondent candidates and allot jobs to them within one month. The Union Public Service Commission (UPSC) had recommended names of 739 candidates for appointment to the posts of IAS, IFS and IPS in the year 1999. The names of two of the candidates were withheld and remaining 737 were to be appointed on one to one basis for different categories of candidates. Of these, 174 posts were reserved for the OBC candidates. From general category, 36 OBC candidates qualified and were appointed on merit. Only 138 OBC candidates got jobs from the OBC quota and remaining 36 OBC candidates were not selected. These challenged their non-selection in the Delhi High Court which held that though the OBC candidates could be placed in the open category for the purpose of placement, the quota reserved for OBC candidates could not be exhausted by such allotment. The Centre was directed to provide them jobs under the OBC category. The Central government filed an appeal against the Delhi High Court judgment. Dismissing the appeal, the apex court, concurring with the majority judgment in Mandal Commission case, held that "in this connection, it is well to remember that the reservations under Article 16 (4) do not operate like a communal reservation. It may well happen that some members belonging, to say scheduled castes, get selected in the open competition field on the basis of their own merit. They will not be counted against quota reserved for Scheduled Castes and will be treated as open competition candidates". The court, however, noted in context with 36 vacancies reserved for OBC, that it "was at a loss as to what had happened to those remaining services/posts after allocation of services to all the candidates in terms of their preferences. We say no more." Vacancies still exist even after allocation of posts to all the candidates.
LANDMARK DECISION OF SUPREME COURT OF INDIA
(Available on www.supremecourtofindia.nic.in)
CASE NO.: Appeal (civil) 5505-5507 of 2003,
PETITIONER: Union of India & Anr RESPONDENT: Satya Prakash & Ors
DATE OF JUDGMENT: 05/04/2006 JUDGMENT: Civil Appeal No. 7004 of 2003----
“This position has been made crystal clear in Ritesh R. Sah (supra) as referred to above that while a reserved category candidate entitled to admission on the basis of his merit, will have the option (preference) of taking admission in the college where specified number of seats have been kept reserved for reserved category but while computing the percentage of reservation he will be deemed to have been admitted as an open category candidate and not as a reserved category candidate.”
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 29.10.2008 07:08 ISTDear ajitesh bagarti, you can submit the promotion order of your father to Class-I post. This is a proof of promotion at the age of 41. In addition a letter indicating the post earlier to 41 was a Class-II level post can also be submitted by getting it from appointing authority.
ajitesh bagarti
@ 29.10.2008 15:49 IST
my father gets into the class one category from class three category not from class 2 category.so should the certificate issuing authorities issued me the certificate.
my father gets into the class one category from class three category not from class 2 category.so should the certificate issuing authorities issued me the certificate.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 29.10.2008 16:20 ISTDear ajitesh bagarti Your father gets into the class one category from class three category not from class 2 category. The appointing authority (PSU) can issue the certificate for the same. Which can be produced before the OBC crtificate issuing authorities in district office.
AJITESH BAGARTI
@ 30.10.2008 16:34 IST
yes i can submit that but should the authorities question me that my father gets in class one category from class three not from class two .is it irrelevent that whether from class three or class two get promoted into the class one category.
yes i can submit that but should the authorities question me that my father gets in class one category from class three not from class two .is it irrelevent that whether from class three or class two get promoted into the class one category.
HAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 31.10.2008 08:38 ISTIf your father is in class three or class two category up to the age of 40 years you are entitled for obc reservation. Mainly this thing you have to prove.
Karthik
@ 31.10.2008 22:22 ISTPlease answer my question
how many years OBC certificate valid?
as example if i got Certificate 29/10/2008 then it's valitity period?
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700
@ 01.11.2008 08:41 ISTDear Karthik, Mainly there are two parts of the OBC certificate
(1) Caste certification- It is valid for 10 years.
(2) Creamy layer certification- There is no any specific period or date for its validity but the crucial (required) date of issue of OBC non-creamy layer certificate is generally mentioned in advertisements. However technically it is valid up to next March only as there is a last three years income criteria for the business income group. For this purpose the certificate issuing authority has to check parent’s last three consecutive years annual income. Example- Please see the note mentioned by AIEEE (Central Counseling Board)) authoritie for Counseling-2008 on OBC certificate available on website www.aieee.nic.in NOTE: (c) The annual income / status of the parents of the applicant should be based on financial year ending March
ajaya tandi
@ 04.11.2008 16:10 IST
sir: my father is working in a PSU insurance company from
1973.he joined the company as a class three employees now he is in class one bracket but after the age of 41. and his salary is 4.3 lakhs per annum
and we have a residential property too which earns us around 40000 per annum should i belong to creamy layer and should i get the benifit of reservation.
sir: my father is working in a PSU insurance company from
1973.he joined the company as a class three employees now he is in class one bracket but after the age of 41. and his salary is 4.3 lakhs per annum
and we have a residential property too which earns us around 40000 per annum should i belong to creamy layer and should i get the benifit of reservation.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com
@ 04.11.2008 20:35 ISTDear ajaya tandi, Kindly read my reply dated 05.09.2008 given to Mr. rahul singh for PSU employees. Regarding residential property of your FAIMILY it is to clarify that if the “RENTAL INCOME” from this residential property is "SEPARATELY" goes more than Rs. 4.50 lakh per year for last three consecutive years than only you will be a creamy layer. Even then the salary income will not be clubbed with this business income. As per GOI Creamy layer criteria dated 08.09.93 Clause VI (b) also “Persons in Categories I, II, III and V-A who are not disentitled to the benefit of reservation but have income from other sources (say residential property) of wealth which will bring them within the income/wealth criteria mentioned in (a) (i.e. Rs. 4.50 lakh per year) above”.
Please also go through the creamy layer clarification dated 14.10.2008 Clause 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 vis-à-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.4.5 lakh per annum and income from other sources is also less than Rs.4.5 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.4.5 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.
You are not a creamy layer candidate and you will definitely get the obc reservation.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com
@ 05.11.2008 08:27 ISTDear ajaya tandi,The correct date of creamy layer clarification O.M. is 14.10.2004 in place of 14.10.2008
ajay tandi
@ 06.11.2008 16:14 IST
sir. so when i applied for the obc certificate there is no need of a salary certificate of my father.as my father is a psu employees.so should i provide an income certificate of our family which is around 40000 per annum.
sir. so when i applied for the obc certificate there is no need of a salary certificate of my father.as my father is a psu employees.so should i provide an income certificate of our family which is around 40000 per annum.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com
@ 06.11.2008 16:42 ISTDear ajaya tandi, YES.
Sanjay N
@ 07.11.2008 18:09 ISTI am working in a private company with a salery of 6 lacs per annum, weather i can apply for IAS examination with OBC category.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com
@ 08.11.2008 05:29 ISTDear Sanjay N, You can definitely apply for IAS examination in OBC category. THERE IS NO NEED TO LEAVE THE JOB TO GET AN OBC NON-CREAMY LAYER CASTE CERTIFICATE FOR OBC RESERVTION because creamy layer status is always determined by status of your parents (father and mother) and never determined by self status. This reservation is based on facilities or status provided by your parents (father and mother) to you since your birth. Means whether you are a child of Rikshawala or Labour or IAS officer or crorepati businessman etc.
Please go through the creamy layer criteria dated 08.09.1993. Each clause of which speaks that sons and daughter of so and so will be treated as creamy layer. Means creamy layer status is always determined by status of parents (father and mother) and never by self status.
Please also go through the creamy layer clarification dated 14.10.2004 the Para 8 of which also clarifies the same.
Para 8:- In regard to clauses (vi), (vii) and (viii) of Para 4, it is clarified that the creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account
Para 4:- Following questions have been raised from time to time about the application of the above provisions to determine creamy layer:
(vi) Will a candidate who himself is a directly recruited Class I/Group A officer or a directly recruited Class II/Group B officer who got into Class I/Group A at the age of 40 or earlier be treated to be falling in creamy layer on the basis of his service status?
(vii) Will a candidate who has gross annual income of Rs.2.5 lakh or above or possesses wealth above the Exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years be treated to fall in creamy layer?
(viii) The instructions provide that a lady belonging to OBC category who has got married to a directly recruited Class I/Group A officer shall not be treated as falling in creamy layer on the basis of her marriage. Will a man belonging to OBC category who is married to a directly recruited Class I/Group ‘A’ officer be treated as falling in creamy layer on the basis of his marriage?
Jothish Babu S
@ 08.11.2008 16:39 ISTDear Sir,
My Mother is working as a PG Asst Teacher in a Govt.Aided School, and her inome is around 2.6 L per Annum, and Father is a retired GOVt Teacher &pensioner of around 7,000 Rs. DO I Belong to creamy layer? Recently I heard that Creamy Layer Limit is still the same old 2.5L Per Annum and has not been revised properly in Tamilnadu. Can i get an OBC certificate exempting me from creamy Layer ?
Thank You So much.
Jothish Babu S
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com
@ 08.11.2008 20:33 ISTDear Jothish Babu S You are a non-creamy layer candidate. You can take the Central's Rs. 4.50 lakh order from website and put up it to certificate issuing authoirity. The G.O. (OBC CREAMY LAYER 4.5 LAKHS )WILL BE AVAILABLE IN THE URL(IT WILL SHOW DIRECTLY THE COPY WITH UPDATED CIRCULAR)
http://persmin.nic.in/Circular/CircularReport.asp?choice=11
preety
@ 09.11.2008 11:45 ISTsir,i want to know about the stage for submission of creamy layer $ caste certificate in service exam.is there any govt.report in circular of reservation for obc.i heard from someone that its govt.rule that caste $ creamy layer certificate is required to submit at the time of appointment.i need that circular of govt.plz,give guidelines.
shankar
@ 09.11.2008 23:07 ISTsir,my father is a group-B officer at the age 0f 48 and was not a group-b officer while recruited.
He is earning 2.6 lacs.my mother is working as a lecturer at the age of 45.she is earning around 3.9 lacs.we are'nt sure abt whether she is group- A/B.can u pls clarify?.In case if her job is not classified then our wealth test will be done only for her salary or my father's will also be included?
ashwin
@ 09.11.2008 23:54 ISTmy father is currently group-b(2)-not a direct recruit.my mother will retire by march,2009.will she also be considered in wealth test.please details about wealth act.thank you sir for ur kind help.
sajith K
@ 10.11.2008 11:26 ISTSir,
I work with a private sector MNC. My wife is an ayurvedic doctor and she needs to produce
non creamy layer certificate for an interview with Kerala Public Service Commission.My doubt is that for this purpose Do we need to consider My Income ?
Her parents are retired govenrment employees and their income is below the limit for Creamy Layer.
Kindly Confirm if she is still eligible for OBC reservation.My gross Salary is around 10 lakhs/annum including all allowances.
Thanks and Regards,
Sajith
sethu bharath
@ 10.11.2008 16:07 ISTmy father is working as an head master in a govt higher secondary school.. his income is 3.15 lacs per annum.. and my mom is a house wife.. will i come under non-creamy layer or not?
raghu
@ 10.11.2008 21:28 ISTsir,if my mother is currently group-a officer(direct) and my father is currently group-b officer(not direct recruit),will i come under creamy layer.
gajanan shankar narkar
@ 11.11.2008 20:27 ISTdear sir,
my wife is a directly recruited class I state govt officer,then,while applying for job for myself,whether i am a candidate belonging to creamy layer?
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 OBCGURU.COM swagadre@rediffmail.com
@ 12.11.2008 08:21 ISTDear, Preety. It has to be searched.
Dear Shankar, regarding status of your mother: In organizations where equivalence or comparability of posts vis-à-vis posts in Government has not been evaluated the mother’s income from salary can be treated as “other income” (means other than salary and agricultural income) which is less than 4.50 lakhs. Even now father’s (a group-B officer) salary will not be clubbed with it. Hence you are a non-creamy layer candidate.
Dear ashwin, There are two different things (1) income criteria (2) wealth tax act exemption limit criteria. The wealth tax act is a Central Govt act having a wide limit of wealth tax exemption like persons having annual income of Rs. 15 lakhs or less.
The Creamy Layer Criteria dated 08.09.1993 says only son or daughter of following “government employees” will be treated as creamy-layer.
(i) Parents, either of whom is a group-A officer. (Direct Recruitment)
(i) Parents, both of whom are group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B officer and he gets into group-A at the age of 40 or earlier.
Other than the above 3, entire government servant OBCs (Central/State/PSUs) of the country will not fall under creamy-layer. The income criteria is not applicable to “government employees” their status is to be checked by their “POST HELD” even they retires.
Dear Sajith, Please go trough the (1) Creamy layer criteria dated 08.09.1993 Clause II A (b)
Provided that the rule of exclusion (Creamy layer) shall not apply in the following cases :-
(b) A lady belonging to OBC category has got married to a Class I officer, and may herself like to apply for job.
(2) Creamy layer clarification dated 14.10.2004 Para 8.
In regard to clauses (vi), (vii) and (viii) of Para 4, it is clarified that the creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.
The creamy layer status of your wife will always be checked by her father-mother’s status. She is still and never being a creamy layer candidate. She will always get reservation even if she become a direct class-I officer or she earn Rupees in crores because the creamy layer status is always checked by father-mother’s status. You can also get legal obc reservation on the basis of your father-mother’s status even you are earning Rs. 10 lakhs or more.
Dear sethu bharath, The Creamy Layer Criteria dated 08.09.1993 says only son or daughter of following “government employees” will be treated as creamy-layer.
(i) Parents, either of whom is a group-A or Class-I officer. (Direct Recruitment)
(i) Parents, both of whom are group-B or Class-II officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B or Class-II officer and he gets into group-A or Class-I at the age of 40 or earlier.
Other than the above 3, entire government servant OBCs (Central/State/PSUs) of the country will not fall under creamy-layer. The income criteria is not applicable to “government employees” their status is to be checked by their “POST HELD” even they retire. The income criteria is mainly applicable to business income. Even than GOI 4.50 lakh order is already available.
Dear Ragu, As per the Creamy Layer Criteria dated 08.09.1993 if Clause II (i) Parents, either of whom (father or mother) is a group-A or Class-I officer. (Direct Recruitment) you will not get obc reservation.
Otherwise if (i) Parents, both of whom are group-B or Class-II officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B or Class-II officer and he gets into group-A or Class-I at the age of 40 or earlier will only be treated as creamy layer. If your mother is a group-A or Class-I officer since beginning of her service, you are a creamy layer candidate and will not eligible for obc reservation.
Dear gajanan shankar narkar, Please go trough the Creamy layer clarification dated 14.10.2004 Para 8. In regard to clauses (vi), (vii) and (viii) of Para 4, it is clarified that the creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.
The creamy layer status of yourself will always be checked by your father-mother’s status. You will always get reservation even if you become a direct class-I officer or you earn Rupees in crores because the creamy layer status is always checked by father-mother’s status.
Your wife can also again eligible for a legal obc reservation in UPSC/admissions etc. on the basis of her father-mother’s status even then she is a directly recruited class I state govt officer. Please go trough the (1) Creamy layer criteria dated 08.09.1993 Clause II A (b)
Provided that the rule of exclusion (Creamy layer) shall not apply in the following cases :-
(b) A lady belonging to OBC category has got married to a Class I officer, and may herself like to apply for job.
Ragunathan
@ 12.11.2008 19:24 IST
shankar questions :
sir,my father is a group-B officer at the age 0f 48 and was not a group-b officer while recruited.
He is earning 2.6 lacs.my mother is working as a lecturer at the age of 45.she is earning around 3.9 lacs.we are'nt sure abt whether she is group- A/B.can u pls clarify?.In case if her job is not classified then our wealth test will be done only for her salary or my father's will also be included?
Reply from SHAILENDRA WAGADRE
Dear Shankar, regarding status of your mother: In organizations where equivalence or comparability of posts vis-à-vis posts in Government has not been evaluated the mother’s income from salary can be treated as “other income” (means other than salary and agricultural income) which is less than 4.50 lakhs. Even now father’s (a group-B officer) salary will not be clubbed with it. Hence you are a non-creamy layer candidate.
I am not clear about above .I get as per clarification dated 14 oct 2004 that salary will be taken into account for those whose post is not classied .pl. read the clarification :(pt. 9 in GO)
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.
PL. Clarifiy again.I am still of mind that for those government serverment/psu employee where posts are not classified their salary will also be taken into account.
shankar questions :
sir,my father is a group-B officer at the age 0f 48 and was not a group-b officer while recruited.
He is earning 2.6 lacs.my mother is working as a lecturer at the age of 45.she is earning around 3.9 lacs.we are'nt sure abt whether she is group- A/B.can u pls clarify?.In case if her job is not classified then our wealth test will be done only for her salary or my father's will also be included?
Reply from SHAILENDRA WAGADRE
Dear Shankar, regarding status of your mother: In organizations where equivalence or comparability of posts vis-à-vis posts in Government has not been evaluated the mother’s income from salary can be treated as “other income” (means other than salary and agricultural income) which is less than 4.50 lakhs. Even now father’s (a group-B officer) salary will not be clubbed with it. Hence you are a non-creamy layer candidate.
I am not clear about above .I get as per clarification dated 14 oct 2004 that salary will be taken into account for those whose post is not classied .pl. read the clarification :(pt. 9 in GO)
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.
PL. Clarifiy again.I am still of mind that for those government serverment/psu employee where posts are not classified their salary will also be taken into account.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 WWW.OBCGURU.COM swagadre@rediffmail.com
@ 13.11.2008 09:26 ISTDear Shankar, It is true that in Private sectors/PSUs (but not in pure government departments) where posts are not classified their salary will be taken into account as other income. But in your case mother’s income from salary (identified as other income due to no availability of equivalence) will only be taken into account to apply income test of Rs, 4.50 lakhs and father's income will not be clubbed with it. This approach is not illegal. In case of pure government servants “POST-HELD” criteria only will be applicable. However in government degree colleges (accept Engineering and Medical) the post of lecturer is classifieded as a CLASS-II only.
Ragunathan
@ 13.11.2008 19:24 IST
Reply from sethu bharath and SHAILENDRA WAGADRE requseted :
sethu bharath @ 10.11.2008 16:07 IST
my father is working as an head master in a govt higher secondary school.. his income is 3.15 lacs per annum.. and my mom is a house wife.. will i come under non-creamy layer or not?
Dear sethu bharath, The Creamy Layer Criteria dated 08.09.1993 says only son or daughter of following “government employees” will be treated as creamy-layer.
(i) Parents, either of whom is a group-A or Class-I officer. (Direct Recruitment)
(i) Parents, both of whom are group-B or Class-II officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B or Class-II officer and he gets into group-A or Class-I at the age of 40 or earlier.
Other than the above 3, entire government servant OBCs (Central/State/PSUs) of the country will not fall under creamy-layer. The income criteria is not applicable to “government employees” their status is to be checked by their “POST HELD” even they retire. The income criteria is mainly applicable to business income. Even than GOI 4.50 lakh order is already available.
My questions to sethu bharat is which state he belong and whether classification is avilable or not.
Headmaster is designated as principal .There may be some difference e.g pure government higher seconday school principal and semi government where some part is managed by managment and salary and other thing by state government.can any body tell classification of post of princial is provided for both pure government and semi government higer seconday school or not.pl. explain state wise if have knowledge.
Reply from sethu bharath and SHAILENDRA WAGADRE requseted :
sethu bharath @ 10.11.2008 16:07 IST
my father is working as an head master in a govt higher secondary school.. his income is 3.15 lacs per annum.. and my mom is a house wife.. will i come under non-creamy layer or not?
Dear sethu bharath, The Creamy Layer Criteria dated 08.09.1993 says only son or daughter of following “government employees” will be treated as creamy-layer.
(i) Parents, either of whom is a group-A or Class-I officer. (Direct Recruitment)
(i) Parents, both of whom are group-B or Class-II officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B or Class-II officer and he gets into group-A or Class-I at the age of 40 or earlier.
Other than the above 3, entire government servant OBCs (Central/State/PSUs) of the country will not fall under creamy-layer. The income criteria is not applicable to “government employees” their status is to be checked by their “POST HELD” even they retire. The income criteria is mainly applicable to business income. Even than GOI 4.50 lakh order is already available.
My questions to sethu bharat is which state he belong and whether classification is avilable or not.
Headmaster is designated as principal .There may be some difference e.g pure government higher seconday school principal and semi government where some part is managed by managment and salary and other thing by state government.can any body tell classification of post of princial is provided for both pure government and semi government higer seconday school or not.pl. explain state wise if have knowledge.
Ragunathan
@ 13.11.2008 19:27 IST
Thanks to SHAILENDRA WAGADRE in shanker case clarification.
Now i am clear that salary will be taken into account if classification of post is not avilibale.
Thanks to SHAILENDRA WAGADRE in shanker case clarification.
Now i am clear that salary will be taken into account if classification of post is not avilibale.
dr.gajanan shankar narkar
@ 13.11.2008 21:37 ISTDear sir,
thanx a lot 4 replying immediately.
i m a native of M.S.,4 applying 2 the posts under govt of MS,i have 2 produce the non creamy layer as per norms of govt of MS.The total annual income of my parents is less than one lac;but my wife is a class I officer.Here in MS,the total annual income of the candidate with his/her spouse took under consideration,though he is drawing non creamy certificate for himself.i want to draw non creamy for myself and not for my child. so,as my wife is a class I(direct),will you plz provide me with "QUOTES" of the laws-by laws-sections-sub sections of rules-references-those will be helpful 4 me to acquire non creamy certificate for the posts under govt of maharashtra?
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 WWW.OBCGURU.COM swagadre@rediffmail.com
@ 14.11.2008 07:36 ISTPlease go trough the Creamy layer clarification dated 14.10.2004 Para 8. which is already forwarded by MS Govt to Tahsildars vide letter dated 29.10.2004 which may help you. Available on http://www.maharashtra.gov.in/data/gr/marathi/2004/10/29/20041105152507001.pdf
If MS Govt had adopted the same central,s creamy layer criteria dt 08.09.1993 for ms State obc reservation then definitely you are a non-creamy layer candidate.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 WWW.OBCGURU.COM swagadre@rediffmail.com
@ 14.11.2008 07:47 ISTdr.gajanan shankar narkar, Please also go through the Para 3 of MS Govt Order dt 20 OCT 2006 AVAILABLE ON http://www.dte.org.in/download/NONCreamy.pdf
which may help you.
Ragunathan
@ 14.11.2008 19:20 IST
Resquset to SHAILENDRA WAGADRE
Pl. resond to my query posted at
Ragunathan @ 13.11.2008 19:24 IST
Resquset to SHAILENDRA WAGADRE
Pl. resond to my query posted at
Ragunathan @ 13.11.2008 19:24 IST
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 WWW.OBCGURU.COM swagadre@rediffmail.com
@ 14.11.2008 20:33 ISTDear Ragunathan, If the school is governed by other than govt or psu organization than the Category II C of creamy layer criteria dated 08.09.1993 will be applicable-
II. Service Category
C. Employees in Public Sector Undertakings, etc. The criteria enumerated in A and B above in this category will apply mutatis mutandis to officers holding equivalent or comparable posts in PSUs, Banks, Insurance Organisations, Universities, etc., and also to equivalent or comparable posts and positions under private employment, pending the evaluation of the posts on equivalent or comparable basis in these institutions, the criteria specified in Category VI below will apply to the officers in these Institutions.
As far as the classification is concern it can be get from that particular institution under question. At the time of formation of institution normally classification of post has been decided.
Ragunathan
@ 15.11.2008 07:46 IST
Thanks.
Can you tell in MP The higher seconday school( inter college) principal is class ii or class i where the college is not pure government..i.e salary is provided by government and some part of administration is done by managment.
Thanks.
Can you tell in MP The higher seconday school( inter college) principal is class ii or class i where the college is not pure government..i.e salary is provided by government and some part of administration is done by managment.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 WWW.OBCGURU.COM swagadre@rediffmail.com
@ 15.11.2008 11:47 ISTDear Ragunathan, In MP such type of govt aided schools are known as private schools. For which creamy layer of a principal is checked by salary income. Here up to 12th standard the institutions are known as school only and not college or junior college etc. However principal of a pure govt school is classified as class II officer
Ragunatahn
@ 15.11.2008 19:47 IST
Can you provide the link where i can get principal of a pure govt school is classified as class II officer.What is the pay scale of that.
Can you provide the link where i can get principal of a pure govt school is classified as class II officer.What is the pay scale of that.
suresh
@ 15.11.2008 21:20 IST
Message is bouncing from your e-mail swagadre@rediffmail.com .pl. provide alternate e-mail if any.i have one query which i want to end you through mail only.
Message is bouncing from your e-mail swagadre@rediffmail.com .pl. provide alternate e-mail if any.i have one query which i want to end you through mail only.
ashwin
@ 15.11.2008 21:44 ISTmy mother joined as asst.professor
<govt aided college> with a basic of Rs . 700 in 1985.NOW she is designated as lecturer <SG> with a basic of rs. 12000.At PRESENT the starting basic is Rs.8000 for a LECTURER.My father is a directly recruited class-c officer(pure goverment and curently class-b officer.
Q1-what was her class in 1985 as a direct recruit?
Q2-has govt classified ugc-paid lecturer,if not how is she classified?.
Q3-will she be classified as a RECRUIT under that 700-scale(according to 1985 scenario) or 8000-scale(any lecturer joining now) .
Q4-In case if she is not classified or pay scale criteria is not applicable then in wealth test ONLY she will be considered or my father who is a group-c recruit will also be considered?
Q5-among three consecutive year's income which year's income(highest or lowest) will be considered?
Q-6 can u provide the link where i acn get classification of a ugc-aid lecturer.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 WWW.OBCGURU.COM swagadre@rediffmail.com
@ 16.11.2008 07:00 ISTDear Raghunathan, I am searching it.
Dear suresh, my other mails are cbcc47@yahoo.com, swagadre@obcguru.com
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 WWW.OBCGURU.COM swagadre@rediffmail.com
@ 16.11.2008 07:39 ISTDear ashwin, I am searching the matter.
However regarding Que 5. It is to clarify that there is no question of highest or lowest income. If the income is more than 4.50 lakhs separately for all (each) the three years than only you are a creamy layer. If the income is more than 4.50 lakhs only for two years and less than 4.50 lakhs for one year than you are non-creamy layer and will get the reservation.
SHAILENDRA WAGADRE 9425003700 VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 18.11.2008 18:49 ISTVISIT WWW.OBCGURU.COM
FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
Ragunathan
@ 18.11.2008 22:11 IST
Pl. see the news from ndtv site which i have already posted from my doubt.This may hamper new creamy layer limit of 4.5 lakhs.
The Centre could be in trouble for not following the Supreme Court's order to allot vacant OBC seats to general category students.
An IIT aspirant has petitioned the court that he has been denied a seat, as the Centre is giving those vacant seats to OBC students, who have benefited from a hike in the creamy layer limit.
The court has asked the government to respond to the petition. It has also sought a reply on whether the new creamy layer limit is being implemented retrospectively.
The Centre had last month raised the creamy layer criteria to a family income of Rs 4.5 lakhs per year bringing many more OBC students under the quota.
Pl. see the news from ndtv site which i have already posted from my doubt.This may hamper new creamy layer limit of 4.5 lakhs.
The Centre could be in trouble for not following the Supreme Court's order to allot vacant OBC seats to general category students.
An IIT aspirant has petitioned the court that he has been denied a seat, as the Centre is giving those vacant seats to OBC students, who have benefited from a hike in the creamy layer limit.
The court has asked the government to respond to the petition. It has also sought a reply on whether the new creamy layer limit is being implemented retrospectively.
The Centre had last month raised the creamy layer criteria to a family income of Rs 4.5 lakhs per year bringing many more OBC students under the quota.
nakul
@ 18.11.2008 23:12 ISTsir,
my father is a direct-c recruit and my mother is a pre-forty prometee(class-1).will i come under creamy layer.how to rove these things to competent authorities.is grades decided by pay-scales?
Ragunatahn
@ 19.11.2008 18:14 IST
I could not understand what this central government wants ?
SC has asked government to fill the vacant seat of OBC from genral .The government should have done that.The new limit should be apply from 14 octuber onwards for admissions and job.Now same is challenged and it is being shown that limit was extended just to undo sc decision which is not true.The limit revision was due from march 2007.The government have implemenated this in a way that it may appear to the court that it was only to not allow general candiate as per SC order.
If any way limit 4.5 will be stayed by court then OBC community will be great loss and also further extension of limit will not be possible.
Comment from SHAILENDRA WAGADRE is requested.
I could not understand what this central government wants ?
SC has asked government to fill the vacant seat of OBC from genral .The government should have done that.The new limit should be apply from 14 octuber onwards for admissions and job.Now same is challenged and it is being shown that limit was extended just to undo sc decision which is not true.The limit revision was due from march 2007.The government have implemenated this in a way that it may appear to the court that it was only to not allow general candiate as per SC order.
If any way limit 4.5 will be stayed by court then OBC community will be great loss and also further extension of limit will not be possible.
Comment from SHAILENDRA WAGADRE is requested.
Ragunathan
@ 20.11.2008 17:49 IST
Dear Nakul,
You are not a creamy layer candidate.
Read
The Creamy Layer Criteria dated 08.09.1993 says only son or daughter of following “government employees” will be treated as creamy-layer.
(i) Parents, either of whom is a group-A officer. (Direct Recruitment)
(i) Parents, both of whom are group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B officer and he gets into group-A at the age of 40 or earlier.
AS per (iii) since your mother is promoted not father hence you are not a creamy layer.
Dear Nakul,
You are not a creamy layer candidate.
Read
The Creamy Layer Criteria dated 08.09.1993 says only son or daughter of following “government employees” will be treated as creamy-layer.
(i) Parents, either of whom is a group-A officer. (Direct Recruitment)
(i) Parents, both of whom are group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B officer and he gets into group-A at the age of 40 or earlier.
AS per (iii) since your mother is promoted not father hence you are not a creamy layer.
Ragunathan
@ 21.11.2008 19:45 IST
Great work done by SHAILENDRA WAGADRE .Very valuable information provided on WWW.OBCGURU.COM.If clarification of other state on OBC creamy layer can be arranged and provided on web site then it will help more people all over india.Any way this is a great work.
Great work done by SHAILENDRA WAGADRE .Very valuable information provided on WWW.OBCGURU.COM.If clarification of other state on OBC creamy layer can be arranged and provided on web site then it will help more people all over india.Any way this is a great work.
ranjeet
@ 21.11.2008 21:05 ISThi!
i am a PSU employee(of OBC caste) and getting salary more than 4.5 lacks per annum. there is no other source of income in my family.Am I coming not coming OBC creamy layer? kindly clarify.
ranjeet
@ 21.11.2008 21:09 ISThi!
i am a PSU employee(of OBC caste) and getting salary more than 4.5 lacks per annum. there is no other source of income in my family.Am I not coming OBC creamy layer? kindly clarify.
Ragunathan
@ 22.11.2008 17:32 IST
Mr. Ranjeet
As per various clarification from SHAILENDRA WAGADRE i can say that you are not a creamy layer candidate because :
cremay layer status of candidate is decided on the status of their parents.If you do not fall in these
(i) Parents, either of whom is a group-A or Class-I officer. (Direct Recruitment)
(i) Parents, both of whom are group-B or Class-II officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B or Class-II officer and he gets into group-A or Class-I at the age of 40 or earlier
then you can avail OBC non creamy layer certificate.
Mr. Ranjeet
As per various clarification from SHAILENDRA WAGADRE i can say that you are not a creamy layer candidate because :
cremay layer status of candidate is decided on the status of their parents.If you do not fall in these
(i) Parents, either of whom is a group-A or Class-I officer. (Direct Recruitment)
(i) Parents, both of whom are group-B or Class-II officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B or Class-II officer and he gets into group-A or Class-I at the age of 40 or earlier
then you can avail OBC non creamy layer certificate.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 23.11.2008 08:37 ISTDear Ragunathan, THANK YOU VERY MUCH FOR HELPING TO OTHERS AND ME. WE ARE DISBURSING OUR DUTIES TOWARDS NEEDY SOCIETY. FOR GETTING IMPORTANT CENTRAL GOVERNMENT Circulars, OMs, Orders ABOUT OTHER BACKWARD CLASSES RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT etc PLEASE VISIT WWW.OBCGURU.COM AND SUGGEST IT TO OTHERS. I AM TRYING TO UP DATE THIS SITE DAILY. I HAVE PERSONNLY INFORMED THE CHAIRMAN, MEMBER-SECRETARY, REASERCH OFFICER OF NATIONAL COMISSION FOR BACKWARD CLASSES (NCBC) AND U.S. (DOPT) ABOUT THE LAUNCH OF WEBSITE. THEY ALSO APPRECIATED IT. TnQ.
Ragunathan
@ 24.11.2008 13:48 IST
The web site www.obcguru.com will be a great help to OBC community people.If you can arrange and put clarification from state governments in accordence with central governmnet directive(DOPT)in hindi,english and in other language from various states Karnatak Rajastahn , Uttar Pradesh , AP etc.
I got my concept cleared from your your clarification only and my approach to get it cleared to others also.
The web site www.obcguru.com will be a great help to OBC community people.If you can arrange and put clarification from state governments in accordence with central governmnet directive(DOPT)in hindi,english and in other language from various states Karnatak Rajastahn , Uttar Pradesh , AP etc.
I got my concept cleared from your your clarification only and my approach to get it cleared to others also.
Naresh
@ 24.11.2008 19:44 IST
If any one parents income for the three years under consideration is 4.5 lakhs , 12 lakhs ( some dues due to any reason etc) and 4 lakhs the will that son wil be treated to be in creamy layer.
If any one parents income for the three years under consideration is 4.5 lakhs , 12 lakhs ( some dues due to any reason etc) and 4 lakhs the will that son wil be treated to be in creamy layer.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 24.11.2008 20:13 ISTDear Naresh, He is will not be treated as creamy layer candidate and definitely get the benefit of reservation. Because out of the three consecutive years when the annual income comes more than Rs. 4.50 lakhs for EACH YEAR SEPARATELY, than only he will be treated as creamy layer.
Zubair
@ 28.11.2008 20:21 ISTMy father works in gulf country as an engineer.Whats the income criteria for creamy layer in my case? thanx
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 28.11.2008 21:05 ISTDear Zubair, The Rs. 4.50 lakhs annual income (for three consecutive years) criteria will be applicable on you for creamy layer determination. There is no any separate creamy layer criteria available for the NRIs.
Arun Dev
@ 29.11.2008 22:05 IST
My father was recruited as class II officer.But after the age of 40 his post as per pay scale was udgraded to class I.He is on same post as of now as was recruited.Will i come under the creamy layer.
My father was recruited as class II officer.But after the age of 40 his post as per pay scale was udgraded to class I.He is on same post as of now as was recruited.Will i come under the creamy layer.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 30.11.2008 07:06 ISTDear Arun Dev, You will not come under creamy layer and you are entitle to get OBC reservation.
The Creamy Layer Criteria dated 08.09.1993 says only son or daughter of following “government employees” will be treated as creamy-layer.
(i) Parents, either of whom is a Class-I/group-A officer. (Direct Recruitment)
(i) Parents, both of whom are Class-II/group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a Class-II/group-B officer and he gets into group-A at the age of 40 or earlier.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT ETC.
abhinav sai
@ 30.11.2008 13:18 ISTsir/madam,
BC category "a" with an income of 3,00,000 per annum, does it come under creamy layer or non creamy layer? please reply.
thank you.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 30.11.2008 15:14 ISTdear abhinav sai, You will not come under creamy layer and you are a non creamy layer candidate. The creamy layer is determined by parent's status and never by self or spouse status.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT ETC.
POONAM PINGALE
@ 30.11.2008 22:17 ISTwhether travelling allownce is included in income for non creamy layer,is gr of income limit upto 4.5 lacs available,if there please send on my id,what is procedure for getting non reamy layer certificateif i m staying in taluka place.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 30.11.2008 22:44 ISTDear POONAM PINGALE, Traveling allowance is not includes in income. The 4.5 laces GR issued by GoI Personnel Ministry is available on WWW.OBCGURU.COM in Hindi and English. To determine non Creamy-Layer status the income criteria is not applicable to every candidate. For service category the creamy-Layer status is determined by parents post-held and for farmers by land holding of the family. Please go through the creamy layer criteria DT 8.9.93 and clarifications DT 14.10.04 issued by DOPT GoI in www.obcguru.com.You have to produce supporting documents with the application for which certification is required. The application format is also given in OBCGURU. Some local formats are also developed for scrutiny which you will get with the application sold nearby Tehsil offices.
Pandurang Pingale
@ 01.12.2008 10:30 ISTI am lacturer in Maharastra state i need non-cremay layer cert. for Phd admission tot income for year 2007-08 4,01,000 including TA in the same year i got feeder-cader diff (23-9-99 to 31-07-07) 1,39,000. i belongs to OBC cat. can i considerd as non-cremay layer candidate for admission.
amitabh maharana
@ 01.12.2008 19:45 IST
sir.
my father is working in LIC OF INDIA from 1973 which is a psu company.he started his career as a class three employees and gets into clss one category after the age of 41 his anual salary is 4.4 lakhs per annuam.and we have a residential house too which earn us around 40000 per annum.SHOULD I BELONG TO CREAMY LAYER.
sir.
my father is working in LIC OF INDIA from 1973 which is a psu company.he started his career as a class three employees and gets into clss one category after the age of 41 his anual salary is 4.4 lakhs per annuam.and we have a residential house too which earn us around 40000 per annum.SHOULD I BELONG TO CREAMY LAYER.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 01.12.2008 21:30 ISTDear Pandurang Pingale, The status regarding caste and creamy layer is always determined by parent’s status and never by self or husband or spouse status. Hence your caste and creamy layer status will be determined by your parent’s (father, mother) status and not by self status. Even if you earn crores of rupees per anum it will not be counted to determine your creamy layer status. It is clarified by the GoI clarification. This reservation facility is actually based on “what status a father and mother given to a child”. Please go through the central creamy layer criteria DT 8.9.93 and creamy layer clarifications DT 14.10.04 issued by DOPT GoI available on www.obcguru.com. In Central creamy layer criteria more than 4.50 lakhs annual income is must for all three consecutive years.
Dear amitabh maharana, Kindly go through the reply given above to Mr. ajaya tandi @ dated 04.11.2008
rahul
@ 02.12.2008 13:17 IST
Abhilash U.N.
@ 02.12.2008 17:11 ISTI am IIT aspirant. My father joined as a group C employee in a central govt. educational institution and got promationas group B at the age of 35 years .My mother is a group C employee. Our family income from salary is more than 2.5 lacs or more than 4.5 lakhs.We don't have incomr from any other source. Am I coming under creamy layer? Please clarify.
Abhilash U.N.
@ 02.12.2008 17:16 ISTMy father joined as group C employee in central govt. educational institution and got promotion as group B employee at the age of 35 years.My mother is a group C employee. My family income from salary is more than 2.5 lakhs or more than 4.5 lakhs per anum. We don't have any other income.Am I coming under creamy layer ? Please clarify.
Nayak Uday D.
@ 02.12.2008 17:26 ISTI joined as a group C employee in an educational institution of central govrnmentand got promotion as a group B employee at my age of 35 years. My wife is working as a group C employee. Is it possible to obtain an OBC certificte for my children to claim reservation in higher education(IIT)
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 02.12.2008 19:51 ISTDear Rahul, There are three type of lecturers I know
(i) A degree College lecturer known as class II- Non-creamy layer.
(ii) A Medical, Engineering, Polytechnique College lecturer known as class I (declared by MCI/AICTE) - creamy layer.
(iii) A private College lecturer (not classified as class I or II) - will be checked for creamy layer by 4.50 lakhs (for three consecutive years) annual income criteria.
For detail clarifications and information please go through the Govt Orders given in WWW.OBCGURU.COM
Dear Abhilash U.N., Please go through the Rule II A and II B of creamy layer criteria DT 8.9.93 and Para 10 of creamy layer clarifications DT 14.10.04 issued by DOPT GoI available on www.obcguru.com. As you do not fall in these-
(i) Parents, either of whom is a group-A or Class-I officer. (Direct Recruitment)
(i) Parents, both of whom are group-B or Class-II officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B or Class-II officer and he gets into group-A or Class-I at the age of 40 or earlier
You are a non-creamy layer candidate and definitely eligible foe OBC reservation in IIT, AIEEE etc. In your case parent’s (father & mother) salary will never be counted.
Dear Nayak Uday D., Plese go through the reply given to Nayak Uday D. @ 02.12.2008 17:26
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 02.12.2008 20:05 ISTDear Nayak Uday D., Plese go through the above reply given to Dear Abhilash U.N.
bini mahapatra
@ 03.12.2008 00:08 IST
what is the procedure to determine the creamy layer status of a psu company employees..
what is the procedure to determine the creamy layer status of a psu company employees..
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 03.12.2008 07:06 ISTDear bini mahapatra (A) As per Rule II C of Creamy Layer Criteria dated 08.09.1993 if you are able to prove equivalence or comparability of posts vis-à-vis posts in Government then the Rule II A and II B will be applicable to determine the creamy layer status of son and daughter of PSU employees. According to which only following will be treated as creamy-layer.
(i) Parents, either of whom is a group-A officer. (Direct Recruitment)
(i) Parents, both of whom are group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B officer and he gets into group-A at the age of 40 or earlier.
In this case salary income will not be counted.
(B) If it is not possible to prove equivalence or comparability of posts vis-à-vis posts in Government then the Rule V (Rs. 4.50 lakhs annual income for three consecutive years) of Creamy Layer Criteria dated 08.09.1993 will be applicable to determine the creamy layer status of son and daughter of PSU employees. It is also given in Para-09 of Govt’s Creamy Layer Clarification dated 14.10.2004 “It is clarified that the creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-à-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.4.5 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.”
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
P M
@ 03.12.2008 11:17 ISTThis is regarding Central Govt. Order to increase OBC non-creamy layer income limit from 2.5 L.p.a. to 4.5 L.p.a. I need the OBC non-creamy layer certificate as per this new order for my admission to Indian Institute of Management(IIM). When contacted at district court and the Collector's office at my place (in Maharashtra), authorities are saying that they have not received Government Resolution(GR) from Govt. of Maharashtra. But I need the certificate before 10th of Dec. for admission. How do I get the certificate? Is GR necessary to get the certificate (because Central Govt. has already declared the order)? Where should I contact? This is really urgent for me. Please Help.
Thanks in advance.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 03.12.2008 13:11 ISTDear PM, You can put up the copy of 4.50 lakh order by downloading it from WWW.OBCGURU.COM (taken from Personnel Ministry website)and try to get the certificate. You should meet your Collecto/DM he will definitely help you. People are doing same inKarnataka etc. VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
Plese ring me on 9425003700.
Sudeep
@ 09.12.2008 14:26 ISTI am interested in applying for mpsc Maharashtra state services. I am working in private sector and has salary more than 10 lakh per annum.also I own a flat and have paid all loan, flat is worth 20 lakh. I am obviously a creamy layer at this time. I am thinking of taking off from the work from jan 09 till dec 09 with no salary and prepare for exam.since my income will be below 2.5 lakh for year 09,do I qualify for non creamy layer?is owning a flat problem?
sona k b
@ 09.12.2008 14:34 ISTSir
My parents are direct class3 employees with an annual income more than 3 lakh.
I belongs to OBC category. Do I come in non Creamy layer ? Am I eligible for OBC reservation for the Central and State Govt. jobs? I am not granted the non-creamy layer certificate from the village office for the state Govt job .The officer saying that they are issuing non –creamy layer certificate only on the basis of salary certificate . What I want to do for getting the certificate?
With Regards
Sona K B
Kerala
Dinesh Sundar
@ 09.12.2008 21:55 ISTI come under the creamy layer category of OBC.... Do I have any benifits of OBC... Or should i compete just like a general category students....
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 10.12.2008 06:55 ISTDear Sudeep,
Candidate’s creamy layer status is always determined by parent’s (father, mother) status and never by self or husband or spouse status.
Hence your creamy layer status will be determined by parent’s (father, mother) status and your income will not be counted.
THERE IS NO NEED TO LEAVE THE JOB. You are still a non-creamy layer candidate and definitely get the obc reservation. This reservation facility is actually based on “what status a father and mother given to a child since his/her birth”.
Each clause of creamy layer criteria DT 08.09.1993 say sons and daughters of so and so will be treated as creamy layer.
Para 08 of creamy clarifications DT 14.10.04 issued by DOPT GoI and forwarded by Maharashtra Govt to all Collectors and Deputy Collectors on 29.10.2004 (available in www.obcguru.com) clearly speaks that:-
“8. In regard to clauses (vi), (vii) and (viii) of Para 4, it is clarified that the creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.”
Hence your salary or agricultural income or other income (business or flat’s rental income etc.) will be never counted.
You should be in contact with Mr. Pradeep Dhobley (President) OBC SEWASANGH NAVI MUMBAI. Your matter has been explained to him. He has solved such problems of OBC candidates. He is also confirming that there is no need to leave the job to get non-creamy layer certificate for a candidate. His Contact Numbers: 09820350758, 022-27710346 Email: pgdhobley@hotmail.com
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004 AND ITS Maharashtra Govt FORWARDING LETTER to all Collectors and Deputy Collectors Dt. 29.10.2004, 4.50 LAKS ORDER, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
Dear Sona k b,
You will not come under creamy layer and you are entitle to get OBC reservation.
The Creamy Layer Criteria dated 08.09.1993 says only son or daughter of following “government employees” will be treated as creamy-layer.
(i) Parents, either of whom is a Class-I/group-A officer. (Direct Recruitment)
(i) Parents, both of whom are Class-II/group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a Class-II/group-B officer and he gets into group-A at the age of 40 or earlier.
Salary income is no bar for creamy layer.
Para 08 of creamy clarifications DT 14.10.04 issued by DOPT GoI (available in www.obcguru.com) clearly speaks that:-
“10. In regard to clause (x) of Para 4, it is clarified that while applying the Income/Wealth Test to determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs.2.5 lakh per annum, income from agricultural land is more than Rs.2.5 lakh per annum, but income from other sources is less than Rs.2.5 lakh per annum, the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth Test provided his parent(s) do not possess wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years.”
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CREAMY LAYER CLARIFICATIONS DT 14.10.2004, CASTE LIST, CERTIFICATE & APPLICATION FORMAT ETC.
Dear Dinesh Sunder,
If you are a creamy layer candidate you will be treated as general candidate. However please furnish your parent’s posts and income so that your creamy layer status is determined. Candidate’s creamy layer status is always determined by parent’s (father, mother) status and never by self or husband or spouse status.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CREAMY LAYER CLARIFICATIONS DT 14.10.2004, CASTE LIST, CERTIFICATE & APPLICATION FORMAT ETC.
sandesh verma
@ 10.12.2008 12:25 ISTdear sir
I am from U.P.. my father is bank employee and his income is above 3lac i wnnt to know wheather i am in non-creamy layer
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 10.12.2008 21:03 ISTDear sandesh verma (A) As per Rule II C of Creamy Layer Criteria dated 08.09.1993 if you are able to prove equivalence or comparability of posts vis-à-vis posts in Government then the Rule II A and II B will be applicable to determine the creamy layer status of son and daughter of Bank employees. According to which only following candidates will be treated as creamy-layer.
(i) Parents, either of whom is a group-A officer. (Direct Recruitment)
(i) Parents, both of whom are group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B officer and he gets into group-A at the age of 40 or earlier.
In this case salary income will not be counted.
(B) If it is not possible to prove equivalence or comparability of posts vis-à-vis posts in Government then the Rule VI (Rs. 4.50 lakhs annual income for three consecutive years) of Creamy Layer Criteria dated 08.09.1993 will be applicable to determine the creamy layer status of son and daughter of Bank employees. It is also given in Para-09 of Govt’s Creamy Layer Clarification dated 14.10.2004 “It is clarified that the creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-à-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.4.5 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.4.5 lakh per annum and income from other sources is also less than Rs.4.5 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.4.5 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.”
In both the cases you are a non-creamy layer candidate.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
minakhi mishra
@ 11.12.2008 20:34 IST
my father is working in a psu insurance companyand is not a directly recruiueted officer.should i belong to creamy layer category.and what are the necessary document that i have to submit while applying for my obc certificate to the issueing authorities.
my father is working in a psu insurance companyand is not a directly recruiueted officer.should i belong to creamy layer category.and what are the necessary document that i have to submit while applying for my obc certificate to the issueing authorities.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 11.12.2008 22:21 ISTDear minakhi mishra,
(A) For PSU creamy layer status please go through the above answer given on 03.12.2008 07:06 IST to Dear bini mahapatra and answer given on 10.12.2008 21:03 IST to Dear sandesh verma.
(B) It is better to gather information from concerned Tehsil office where you are going to apply for OBC Caste Certificate regarding documents required. The standard application format and OBC Caste Certificate format is given in WWW.OBCGURU.COM. Usually the documents in support of each point of OBC Caste certificate are required to satisfy the certificate issuing authority. For creamy layer determination classification of post or three years annual income certificate may be asked by the Tehsildar.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
minakshi mishra
@ 12.12.2008 20:25 IST
should i produce my father last three year salary certificate for geting non creamy layer certificate.what should i do to produce business income certificate.and last three year salary of my father is less then 4.5 lakhs per year.
should i produce my father last three year salary certificate for geting non creamy layer certificate.what should i do to produce business income certificate.and last three year salary of my father is less then 4.5 lakhs per year.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 12.12.2008 22:12 ISTDear Minakshi Mishra
(i) Yes you can produce last three years salary certificate issued by the department for getting non creamy layer certificate. It's legal.
(ii) For verification of business income you have to produce last three years Income Tax Returns of your father? Because only the Income Tax Department can certify the business income. As per Para (G) (ii) of prescribed application format also copies of three years Income Tax Returns are required to check business income of a family.
Martin T Antony
@ 14.12.2008 12:17 ISTDear Sir,
If the annual income of parent is less than 2.5 lakhs and his son is also working in private sector firm. Would sons's income be added to fathers income for Income/Wealth Test.
Please let me know whether the son will be coming under creamy layer since combined income of father and son is more than 2.5 lakhs per annum.
Also please let me know whether the revised Income level to 4.5 lakhs vide OM dated 14th Oct 2008 has been operationalised.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 14.12.2008 16:35 ISTDear Martin T Antony,
(A) Regarding your Para 1 and 2;
(1) Candidate’s creamy layer status is always determined by parent’s (father, mother) status and never by self or husband or spouse status. Hence your creamy layer status will be determined only by your parent’s (father, mother) status and your income will not be counted.
(2) EVEN THERE IS NO NEED TO LEAVE THE JOB FOR A CANDIDATE. You are still a non-creamy layer candidate and definitely get the obc reservation. This reservation facility is actually based on “what status a father and mother given to a child since his/her birth”.
(3) Each clause of creamy layer criteria DT 08.09.1993 say sons and daughters of so and so will be treated as creamy layer.
(4) Para 08 of creamy clarifications DT 14.10.04 issued by DOPT GoI and forwarded by Maharashtra Govt to all Collectors and Deputy Collectors on 29.10.2004 (available in www.obcguru.com) clearly speaks that:-
“8. In regard to clauses (vi), (vii) and (viii) of Para 4, it is clarified that the creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.”
Hence your salary income will never be added to determine your creamy layer status even you earn crores of Rs. per year.
(B) Regarding your Para 3;
“Whether the revised Income level to 4.5 lakhs vide OM dated 14th Oct 2008 has been operationalised.”
Who says the revised Income level to 4.5 lakhs vide OM dated 14th Oct 2008 is not in operation. Where as people are getting certificate all over India. The Para 2 of this OM itself says that-
2. The provisions of this Office Memorandum take effect from the 3rd October, 2008.
You can put this OM to Tehsildar by downloading it from INTERNET.
It is also there (a) Persons having gross annual income of Rs. 4.5 lakh or above for period of three consecutive years. Will be treated as creamy layer.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
d.prasad
@ 15.12.2008 13:45 ISTsir
iam working in vigialance section ifrequently get the doubts about OBC ,during JTO 2005 recruitment one of my JTO got job under OBC but his father is a teacher.Due to problem with MRO office( in oder not to involve in frequent trips to office) he claimed that his father is not ateacher.please mention a Govt Father son salary to be taken for giving OBC or not.
any how that father is retired during the course of inspection .Now he is working at KODANGAL IN MAHABUBNAGAR DIST IN AP
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 15.12.2008 22:23 ISTDear d. prasad, the creamy layer of a son is always checked by parent’s (father-mother) status and not by his own status. For government servant parent’s (father-mother) following criteria are there-
The Creamy Layer Criteria dated 08.09.1993 says only son or daughter of following “government employees” will be treated as creamy-layer.
(i) Parents, either of whom is a Class-I/group-A officer. (Direct Recruitment)
(i) Parents, both of whom are Class-II/group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a Class-II/group-B officer and he gets into group-A at the age of 40 or earlier.
The salary income of his father is never counted to determine his creamy layer status.
Para 08 of creamy clarifications DT 14.10.04 issued by DOPT GoI (available in www.obcguru.com) clearly speaks that:-
“10. In regard to clause (x) of Para 4, it is clarified that while applying the Income/Wealth Test to determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs.2.5 lakh per annum, income from agricultural land is more than Rs.2.5 lakh per annum, but income from other sources is less than Rs.2.5 lakh per annum, the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth Test provided his parent(s) do not possess wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years.”
In addition to above it is also to clarify that the candidate’s creamy layer status is always determined by parent’s (father, mother) status and never by self or husband or spouse status (Para 08 of creamy clarifications DT 14.10.04 issued by DOPT)
Even then if any querry/question it is most welcome.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
Nanje gowda H R
@ 16.12.2008 17:14 ISTSHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 17.12.2008 05:37 ISTDear Nanje gowda H R, The list of OBCs declared by Karnataka State Government for state's OBC reservation known as state list of OBCs is not available with me. It is a matter of search.
However the list of OBCs declared for Karnataka State by Central Government for Central OBC reservation of IAS, IPS, BANK, IIT, AIEEE, AIIMS etc known as central list of OBCs is available on www.ncbc.nic.in and www.obcguru.com
Ragunathan
@ 17.12.2008 22:28 IST
Pl. see the news :I request Mr. SHAILENDRA WAGADRE to take the matter with NCBC which in turn provide enough input to the government so that new limit 4.5 may not rejected by SC.This is a major concern.I earlier also pointed out this issue.Many people will not get the reservation benefit if 4.5 limit get rejected.
There will be no loss to government but will be a great loss to OBC persons .It has done in such a way that probability of getting rejected is increased.
Here is the news dated 15.12.08
New Delhi (IANS): The Supreme Court on Monday asked the government to explain the decision to fix Rs.450,000 as the minimum annual income for the people among the Other Backward Classes (OBCs) to be regarded as "creamy lawyer" or elite who would not be eligible for various benefits.
A bench of Chief Justice K.G. Balakrishnan and Justice P. Sathasivam issued the notice to the central government seeking within four weeks its rational behind its Oct 13 order that raised the income criterion to Rs. 450,000 from Rs. 250,000.
The bench issued the notice on two petitions, one by noted academician P.V. Indiresan and the other by civil rights body Nair Service Society, questioning the government notification.
The notification provided that a backward category person would be regarded as an elite or creamy lawyer within the community only if his or her annual income is at least Rs. 450,000 or above. In that case, the person would lose reservation benefits, including those in state jobs or admission in educational institutions.
The government changed the income criterion after the apex court's April 10 ruling.
A constitution bench of the apex court on Apr 10, while upholding the law for 27 percent quota for OBC category students in state-run institutions of higher learning, had stipulated that the students belonging to the 'creamy layer' have to be kept out of the quota.
Arguing for Indiresan, senior counsel K.K. Venugopal said the government's Oct 13 notification would defeat the very purpose of the April 10 ruling.
Venuopal argued that the notification would ensure that no person among the backward category is dubbed as belonging to the 'creamy layer' and stand to loose the reservation benefits as envisaged by the apex court ruling.
To point out the illegalities of the government's notification, Venugopal also recalled arguments by Additional Solicitor General Gopal Subramaniam before the constitution bench during the hearing of the lawsuits challenging the legality of the reservation law.
He recalled that Subramaniam had argued that 97.7 percent of backward category people earn a daily salary of Rs.80, which adds up to an annual earning of less than Rs. 29,000.
He added that with 97.7 percent backward category people earning a maximum of Rs. 29,000 annually, only a few among them could be assumed to be earning Rs. 450,000 annually.
This implies that virtually nobody could be included in the 'creamy layer' and the quota in educational institutions would be virtually available for all OBCs.
This would defeat the very purpose of the apex court ruling, he said.
He also recalled that the apex court only last year had struck down a Kerala government decision to fix Rs.300,000 as the income criterion, terming it as unjustified.
"Unless there is 80 percent inflation in just one year, the central government's decision too cannot be said to be justified," he said in his petition
Pl. see the news :I request Mr. SHAILENDRA WAGADRE to take the matter with NCBC which in turn provide enough input to the government so that new limit 4.5 may not rejected by SC.This is a major concern.I earlier also pointed out this issue.Many people will not get the reservation benefit if 4.5 limit get rejected.
There will be no loss to government but will be a great loss to OBC persons .It has done in such a way that probability of getting rejected is increased.
Here is the news dated 15.12.08
New Delhi (IANS): The Supreme Court on Monday asked the government to explain the decision to fix Rs.450,000 as the minimum annual income for the people among the Other Backward Classes (OBCs) to be regarded as "creamy lawyer" or elite who would not be eligible for various benefits.
A bench of Chief Justice K.G. Balakrishnan and Justice P. Sathasivam issued the notice to the central government seeking within four weeks its rational behind its Oct 13 order that raised the income criterion to Rs. 450,000 from Rs. 250,000.
The bench issued the notice on two petitions, one by noted academician P.V. Indiresan and the other by civil rights body Nair Service Society, questioning the government notification.
The notification provided that a backward category person would be regarded as an elite or creamy lawyer within the community only if his or her annual income is at least Rs. 450,000 or above. In that case, the person would lose reservation benefits, including those in state jobs or admission in educational institutions.
The government changed the income criterion after the apex court's April 10 ruling.
A constitution bench of the apex court on Apr 10, while upholding the law for 27 percent quota for OBC category students in state-run institutions of higher learning, had stipulated that the students belonging to the 'creamy layer' have to be kept out of the quota.
Arguing for Indiresan, senior counsel K.K. Venugopal said the government's Oct 13 notification would defeat the very purpose of the April 10 ruling.
Venuopal argued that the notification would ensure that no person among the backward category is dubbed as belonging to the 'creamy layer' and stand to loose the reservation benefits as envisaged by the apex court ruling.
To point out the illegalities of the government's notification, Venugopal also recalled arguments by Additional Solicitor General Gopal Subramaniam before the constitution bench during the hearing of the lawsuits challenging the legality of the reservation law.
He recalled that Subramaniam had argued that 97.7 percent of backward category people earn a daily salary of Rs.80, which adds up to an annual earning of less than Rs. 29,000.
He added that with 97.7 percent backward category people earning a maximum of Rs. 29,000 annually, only a few among them could be assumed to be earning Rs. 450,000 annually.
This implies that virtually nobody could be included in the 'creamy layer' and the quota in educational institutions would be virtually available for all OBCs.
This would defeat the very purpose of the apex court ruling, he said.
He also recalled that the apex court only last year had struck down a Kerala government decision to fix Rs.300,000 as the income criterion, terming it as unjustified.
"Unless there is 80 percent inflation in just one year, the central government's decision too cannot be said to be justified," he said in his petition
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 18.12.2008 06:24 ISTDear Raghunathan and all OBCs,
Matter was discussed with NCBC chairman honorable justice R. S. Pandian in June and November. He is 80 year’s old experienced person and a retired judge of Supreme Court. He was a member of Supreme Court constitutional bench constituted in Mandal (Indira Sahane) case in 1990. He is having very positive approach in this matter. The NCBC will provide enough input to the government so that new limit 4.5 may not rejected by SC. Some other parties have also intervened in this case in favour of OBCs. Let’s hope for a better decision by Supreme Court also for backward people in a democratic country.
As OBCs reservation is given by our democratic government to phase out the social un-equivalence then there is no question of creamy layer exclusion. Some people are confusing everybody on this issue whereas economical un-equivalence was never the issue. They are converting this social un-equivalence to economical un-equivalence. OBCs should pray honorable persons opposing this reservation facility given to OBCs and try to explain them the OBCs are also their younger brothers and also they are Indian. If it is very necessary to put any creamy layer limit for exclusion it should be Rs. 10 lakhs or more per year and it should be in general/unreserved seats also.
In addition to above as everybody is habitual of obeying Court only we should try to get implemented in central and states in recruitment and admissions the Supreme Court’s decision dated 05.04.2006 in Appeal (civil) 5505 of 2003 that- “MERIT OBC CANDIDATES SELECTED IN GENERAL SEATS CAN NOT BE ADJUSTED AGAINST THE QUOTA SEATS EVEN IF THEY GET SEAT/CADRE ALLOTMENT IN RESERVED SEATS” so that more OBCs can be selected everywhere.
Raghunathan
@ 18.12.2008 07:24 IST
Thanks.but some declartion made by government representative may put trouble in this case.
To point out the illegalities of the government's notification, Venugopal also recalled arguments by Additional Solicitor General Gopal Subramaniam before the constitution bench during the hearing of the lawsuits challenging the legality of the reservation law.
He recalled that Subramaniam had argued that 97.7 percent of backward category people earn a daily salary of Rs.80, which adds up to an annual earning of less than Rs. 29,000.
what will government reply to this.
and also CJI may ask to revise the whole criteria for determining the creamy layer.
I can only say that many people will be deprived if 4.5 get stayed.
Thanks.but some declartion made by government representative may put trouble in this case.
To point out the illegalities of the government's notification, Venugopal also recalled arguments by Additional Solicitor General Gopal Subramaniam before the constitution bench during the hearing of the lawsuits challenging the legality of the reservation law.
He recalled that Subramaniam had argued that 97.7 percent of backward category people earn a daily salary of Rs.80, which adds up to an annual earning of less than Rs. 29,000.
what will government reply to this.
and also CJI may ask to revise the whole criteria for determining the creamy layer.
I can only say that many people will be deprived if 4.5 get stayed.
zubair
@ 18.12.2008 15:00 IST//Subramaniam had argued that 97.7 percent of backward category people earn a daily salary of Rs.80, which adds up to an annual earning of less than Rs. 29,000.//
Such arguments are to deprive OBCs from reservation benefits. Within that income many people will not even afford schooling and so naturally more number of unfilled OBC seats for would go to general category.
So adjustments of unfilled OBC seats should not be done.
//If it is very necessary to put any creamy layer limit for exclusion it should be Rs. 10 lakhs or more per year and it should be in general/unreserved seats also.//
We should be stressing these two points more emphatically.
Raghunathan
@ 18.12.2008 20:25 IST
Government authority are no way sincere/serious that why they are not giving valid reasons and result is that desreved people are getting denied the benefit of the reservation.I am scared that with these type of people goverment may not able to defend 4.5 limit and many people who have applied on this basis will suffer. I will request Mr. SHAILENDRA WAGADRE to not only take up these issue with NCBC but also minister concerned Mira Kumari. SC/ST reservation is implemented since independence and no creamy layer so far for these and it should not but obc who started geeting benefit fom 1990 were imposed creamy layer.i request all concerned to be serious and make put effort to not to revert 4.5 limit.
Government authority are no way sincere/serious that why they are not giving valid reasons and result is that desreved people are getting denied the benefit of the reservation.I am scared that with these type of people goverment may not able to defend 4.5 limit and many people who have applied on this basis will suffer. I will request Mr. SHAILENDRA WAGADRE to not only take up these issue with NCBC but also minister concerned Mira Kumari. SC/ST reservation is implemented since independence and no creamy layer so far for these and it should not but obc who started geeting benefit fom 1990 were imposed creamy layer.i request all concerned to be serious and make put effort to not to revert 4.5 limit.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 19.12.2008 07:01 ISTRespected Wagadre sir,
illustration: admission for obc candidate for college admission, 27% seats are filled against obc quota.
Suppose there are 100 students. Merit list is prepared.
open candidate number 55 (percentage above 75)
obc candidate number 45 ( 20 students above 75 percentage and 25 students are less than 75 percentage )(not considered sc/st reservation )
my question is---
How we prepare the merit list of obc candidate.
hemant gajare <hbgajare@yahoo.co.in>
Dear Hemant-
See page-05 of 27% OBC RESERVATION O.M. IN CENTRAL SERVICES (IAS, IPS etc) 08.09.1993 available in www.obcguru.com .
The basic concept for preparation of any selection list is given in Clause 2(b) of G.I., Dept. of Per. & Trg. O.M. No.36012/22/93-Est. (SCT) dated 8.9.1993 which is as follows-
2(b). Candidates belonging to OBCs recruited on the basis of merit in an open competition on the same standards prescribed for the general candidates shall not be adjusted against the reservation quota of 27%.
In your case if out of 100 seats 50 seats are unreserved (General) and 27 are reserved for OBC and 23 are reserved for SC-STs. Steps to prepare a selection list will be as follows-
Step (1) First of all a COMBINED MERIT LIST consisting of general, SC, ST and OBC candidates will be prepared on the basis or their marks obtained.
Step (2) A list of 50 candidates will be declared from this combine merit list which will consist general, SC, ST and OBC candidates on the basis or their marks obtained (Important)
Step (3) From the remaining candidates a list of 27 OBC candidates will be declared from this combine merit list on the basis or their marks obtained i.e. marks obtained less then the marks of last unreserved candidate (cutoff marks) selected.
Step (3) After step (2) from the remaining candidates a list of 23 SC-ST candidates will be declared from this combine merit list on the basis or their marks obtained i.e. marks obtained less then the marks of last unreserved candidate (cutoff marks) selected.
Result: Total OBC candidates selected will be------------
Say 07 OBCs selected in Unreserved (General) Seats + 27 OBCs selected in Reserved Seats = 34 OBCs.
Rule: The candidates selected on the basis or marks obtained in unreserved seats will be counted in unreserved seats and will not be counted in reserved seats. Because only 27% reservation is given to 50% population of OBCs.
Answer to your Question- The merit list of OBC candidates will only be prepared after completion of above Step (2).
More references
1) supreme Court Decision dt 05.04.2006 in Civil appeal 5505
2) Clause 4.3 page 55 of Oversight Committee Report
available in www.obcguru.com
Shailendra Wagadre
Madhumitha
@ 20.12.2008 20:35 ISTI am an OBC student, coming under Elur Chetty of Tamil Nadu.Pl. confirm about getting the OBC benefit for IIT admission-under non-creamy layer.
Reg'ds.,
Meenakshi
madhumitha
@ 21.12.2008 06:10 ISTI have not recvd. any reply to my query as above posted yesterday @20:35IST.Kindly refer to me about the reply, and also the G.O No., which deals about the classes of OBC for which concession to education to colleges under GOI is given.
Reg'ds.,
Madhu.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 21.12.2008 07:00 ISTDear Madhumita,
(1) Caste/classes Inclusion- Your caste “Elur Chetty” is already included in CENTRAL LIST OF OBC CASTES declared for Tamilnadu on Serial Number-20 by Government of India. (Available on www.ncbc.nic.in or www.obcguru.com ). Hence you are eligible to get the reservation in admissions in central educational institutions like IIT, IIM, AIEEE (NIT), AIIMS etc. and also in central services/posts. The CENTRAL LIST OF OBC CASTES/classes of OBC for which concession to education to colleges and services given is same.
(2) Non-Creamy Layer- The six creamy layer criteria declared by Govt of India on DT 08.09.93 are applicable for determining your non-creamy layer status. In which only criteria no.-06 is amended from Rs. 2.50 to Rs. 4.50 lakh per year by OM DT 14.10.2008. (Available on www.ncbc.nic.in or www.obcguru.com ). According to which following are the creamy layer-
I. VVIPs like President, Vice President, Supreme Court Judges etc.
II. Government or PSU employees
(i) Parents, either of whom is a group-A officer. (Direct Recruitment)
(i) Parents, both of whom are group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B officer and he gets into group-A at the age of 40 or earlier.
III In military Colonol and above.
IV Professional class and those engaged in Trade and Industry- Annual Income 4.50 lakh per year (for three consecutive years)
V Farmers family having
(i) only irrigated land which is equal to or more than 85% of the statutory ceiling area.
(ii) The rule of exclusion will not apply if the land holding of a family is exclusively unirrigated
VI Annual Income 4.50 lakh per year excluding Income from salaries or agricultural land.
Note- (1) Candidates creamy layer status is always determined by his/her parent’s status/income and not by his/her own status/income.
(2) While clearing the case by Supreme Court they have instructed to adopt above caste list and creamy layer criteria.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER, OBC CASTE/CLASSES LIST, CERTIFICATE & APPLICATION FORMAT
manasi maharana
@ 21.12.2008 20:02 IST
sir.i have an obc certificate which was isued on february 2008 and i have applied for a job.and the authorities required an obc certificate renew one after the date of 1.1.2009. plz tell me how can i get a new obc certificate and what is the basic procedure to applied for..
sir.i have an obc certificate which was isued on february 2008 and i have applied for a job.and the authorities required an obc certificate renew one after the date of 1.1.2009. plz tell me how can i get a new obc certificate and what is the basic procedure to applied for..
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 21.12.2008 21:31 ISTDear Manasi Maharana, as per GoI the authorities advertising the vacancies for recruitment or admissions can give a crucial date of issue of OBC certificate. Because the creamy layer certification is there. Like the IIT has also given that “they will only allow the OBC certificates issued after the date of 1.1.2009 in JEE 2009.”
However it is not understood, why so learned people of IITs have decided the crucial date as 1.1.2009 and why not 1.4.2008? Because if a candidate applies to get an OBC certificate in between any day from 1.4.2008 to 31.3.2009 the annual income of LAST FINANCIAL YEAR (i.e. 1.4.2007-31.3.2008) and earlier only can be computed and taken into account for creamy layer determination.
If we think about the annual income for current financial year, it is not possible to evaluate till the end of financial year i.e. up to 31.3.2009. We can’t know how much oil, soap, grains etc. can an OBC shopkeeper is going to sale till the end of financial year i.e. up to 31.3.2009. It means we can’t asses the annual income of current financial year till it ends. Then it doesn’t matter if we take the crucial date of issue of an OBC Certificate as 1.4.2008 or 1.1.2009 or 31.3.2009 or in between them. These all dates are having the same legal status for issuance of an OBC certificate.
There is also a great flaw in keeping the OBC certificates issuance date after 1.1.2009 i.e. candidate’s status at the time of application (i.e. in the month of December 2008) is not checked/necessary.
But the authorities where you are applying and IITs organizing the so important JEE 2009 are simply harassing the OBC candidates by not allowing the OBC certificate issued in between 1.4.2008 to 31.12.2008 and compelling to bring a certificate issued after the date 1.1.2009, which is illegal also. Whereas the OBC certificates issued in between 1.4.2008 to 31.3.2009 are having the same legal status as issued after the date 1.1.2009.
However in your case you can take a fresh OBC certificate from your old certificate issuing authority by applying them on a plan paper by narrating the situation they know it and they are issuing the fresh certificates since 15 years. There is no any prescribed application format or procedure for it. It varies from place to place it is a local arrangement.
thousif ahamad khan
@ 22.12.2008 21:48 ISTAs i am a muslim belonging to obc in karnataka, can i apply under obc in central govt.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 22.12.2008 21:54 ISTdear thousif ahamad khan,Before applying under obc quota in central reservation like IIT, IIM, AIEEE,central services etc you must verify your caste in CENTRAL LIST OF OBCs declared for Karnataka by Government of India. (Central List Available on www.ncbc.nic.in or www.obcguru.com ).
prakash
@ 23.12.2008 13:37 ISTDear Shailendra,
I would like to clarify the following points.
1. I am an NRI,Civil Engineer working in Gulf.I am an OBC candidate. I have an income more than 4.5 lakhs per year from jan 2008. My age is 46 years completed in Dec 2008.Whether i my son comes under non creamy layer?
2. If he comes under non creamy layer can i get attestation from Indian Embassy on my salary agreement given by the company where i am working now. Is this can be a proof to certify in the IITJEE format.
3.I have other income from agriculture which is less than 1 lakh per year. whether i have to produce that also?
Thanking you,
prakash.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 23.12.2008 19:19 ISTDear prakash,
Ans (1) In your case the Rule no. II C of creamy layer criteria dated 08.09.1993 is applicable to determine creamy layer status. Which is given here-?
“Positions under private employment, pending the evaluation of the posts on equivalent or comparable basis in these institutions, the criteria specified in Category VI below will apply to the officers in these Institutions.”
The Category VI is-
Son(s) and daughter(s) of (a) Persons having gross annual income of Rs. 4.5 lakh or above for period of three consecutive years will be treated as creamy layer.
As the annual income criteria is applicable in your case there is nothing to do with your age.
Finally if you are having income more than Rs. 4.5 lakhs every year for all the last three consecutive financial years i.e. 2005-06, 2006-07 & 2007-08 then only you are a creamy layer and will not get the OBC reservation. Otherwise you will be treated as non-creamy layer and eligible for OBC reservation. (It is not the current year income i.e. 2008-09)
Ans (2) After arranging the supporting documents it is necessary to take caste-certificate and non-creamy layer certificate available in a combined format given on website of IIT JEE 2009 from the any one of the following officer authorized to issue such certificate. Certificate taken from any other authority may not be accepted by IIT.
(b) The authorities competent to issue Caste Certificates are indicated below:
(i) District Magistrate / Additional Magistrate / Collector / Deputy Commissioner / Additional Deputy Commissioner / Deputy Collector / Ist Class Stipendiary Magistrate / Sub-Divisional magistrate / Taluka Magistrate / Executive Magistrate / Extra Assistant Commissioner (not below the rank of Ist Class Stipendiary Magistrate).
(ii) Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency Magistrate.
(iii) Revenue Officer not below the rank of Tehsildar’ and
(iv) Sub-Divisional Officer of the area where the candidate and / or his family resides.
Ans (3) Agriculture income is not included in annual income because farmers are to be checked in Rule no. V of creamy layer criteria dated 08.09.1993 which is totally based on “LAND HOLDING” and not with the agricultural income.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER, OBC CASTE/CLASSES LIST, CERTIFICATE & APPLICATION FORMAT
Raghunathan
@ 23.12.2008 23:33 IST
Request to Mr. SHAILENDRA WAGADRE :
Do you think that government will be able to defend 4.5 limit in the S.C which is being challenged .
What are the efforts that government are going to do for the same.Are you in touch with the authority concerned like MOSJUSTICE , NCBC and other.Pl. put all your efforts.I know you are alreday doing a great job helping obc community people but this help is very much required.
pl. reply.
Request to Mr. SHAILENDRA WAGADRE :
Do you think that government will be able to defend 4.5 limit in the S.C which is being challenged .
What are the efforts that government are going to do for the same.Are you in touch with the authority concerned like MOSJUSTICE , NCBC and other.Pl. put all your efforts.I know you are alreday doing a great job helping obc community people but this help is very much required.
pl. reply.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 24.12.2008 07:37 ISTI think OBC cant won the battle in Court because our opponent elder brothers are very strong in 'mind and money'. Creamy layer imposition is the example of which. Only elected people (800 MPs of all castes) are thinking positively in this matter because they know the actual position of OBCs living in every corner of country. I am not aware about the efforts of Government and not in touch with the authorities concerned like MOSJUSTICE, NCBC, and DOPT etc. It is also not possible for me because I am living in a very small town of MP situated in remote tribal area. Let’s hope for better. However it doesn’t matter, what is annual income limit? Because it is applicable to business income only and a businessman was even comfortable when it was 2.50 lakhs per anum. For government servants already very wide criteria are there (Rule I, II & III Dt. 8.9.93). We should utilize our energy to canvass the existing criteria among the sleeping OBCs and the certificate issuing authorities. In India most of the Tehsil are not having the copy of central creamy layer criteria 8.9.93, as it was once sent by Government of India in 1993 15 years ago, ho is doing this job? Most of the authorities are checking the creamy layer by annual income even for the salaried government servants and saying to a jhadu-wala OBC PEON also “Sorry sir you are a creamy layer person equivalent to IAS & IPS and your son/daughter is not eligible to get OBC reservation even for the post of peon advertised”. We should try to get new creamy layer criteria of Rs. 10 lakhs per anum for OBC employees working in private sectors. Poor OBC villagers do not know that their tuition fee is totally exempted and reimbursed by government even in private colleges also even it is Rs 50 thousand per anum. Like this in existing rules so many things are there to canvass widely.
Raghunathan
@ 24.12.2008 18:50 IST
Yes i agree with your views about no strong representation from OBC that why cemay layer is imposed and people more ever on it putting incrase in limit is the problem.Everwhere 4.5 limit is being questioned and same is challenged in S.C.It was very ceary mentioned that The income criteria in terms of rupee will be modified taking into account the change in its value every three years. If the situation, however, so demands, the interregnum may be less.then what is the problem.This was raised in 2004 which was although made very later but was done.Now when sixth pay comission has been implementated and iflation has increased so why not creamy layer limit to go up.
i want to address some points from your earlier posting :
However it doesn’t matter, what is annual income limit? Because it is applicable to business income only and a businessman was even comfortable when it was 2.50 lakhs per anum. For government servants already very wide criteria are there (Rule I, II & III Dt. 8.9.93).
Only 30-40% posts have being are clearly classified w.r.t to government classification class 1 , class 2 etc majority of post like teacher in semigovernmnet , psu employee are no way classsified and we all know that their status can not be compared with class 1 officers even then they are trated as creamy layer based on the salary income.if you see today salary then class iv and clas 3 emploree salary will be near about 2.5 lakhs per annum including all perks.Most of the issuing authority are only concerned about salary and other income and not classification.This is very unfair that class ii employee drawing huge amount of salary will not come under creamy layer but for example a teacher whose post is not classified will come under creamy layer based on salary income.in many cased you also ansered that where classfication is not avilable salary will be counted as income.Most of the or one can say majority of people work in private and public sector.because of salary rise then are coming in creamy layer.The income criteria revision is like a maths. calculation when inflnation . cost of commodaties , salaries are incresed same with creamylayer limit.It is varibale hence increase is always expected and must be implemented.
If you see correctly then you all will find that neither creamy layer criteria was defined properly so that deserved people get covered and neither have been implemented properly.Why no one is taking about creamy layer limit in SC/ST.So many genration of sc/st are getting benefit o the reservation and no where talk of creamy layer in that.This is becsue politician are fearing for votes.i can only say that there is great politics and ignorance for obc community people.
Yes i agree with your views about no strong representation from OBC that why cemay layer is imposed and people more ever on it putting incrase in limit is the problem.Everwhere 4.5 limit is being questioned and same is challenged in S.C.It was very ceary mentioned that The income criteria in terms of rupee will be modified taking into account the change in its value every three years. If the situation, however, so demands, the interregnum may be less.then what is the problem.This was raised in 2004 which was although made very later but was done.Now when sixth pay comission has been implementated and iflation has increased so why not creamy layer limit to go up.
i want to address some points from your earlier posting :
However it doesn’t matter, what is annual income limit? Because it is applicable to business income only and a businessman was even comfortable when it was 2.50 lakhs per anum. For government servants already very wide criteria are there (Rule I, II & III Dt. 8.9.93).
Only 30-40% posts have being are clearly classified w.r.t to government classification class 1 , class 2 etc majority of post like teacher in semigovernmnet , psu employee are no way classsified and we all know that their status can not be compared with class 1 officers even then they are trated as creamy layer based on the salary income.if you see today salary then class iv and clas 3 emploree salary will be near about 2.5 lakhs per annum including all perks.Most of the issuing authority are only concerned about salary and other income and not classification.This is very unfair that class ii employee drawing huge amount of salary will not come under creamy layer but for example a teacher whose post is not classified will come under creamy layer based on salary income.in many cased you also ansered that where classfication is not avilable salary will be counted as income.Most of the or one can say majority of people work in private and public sector.because of salary rise then are coming in creamy layer.The income criteria revision is like a maths. calculation when inflnation . cost of commodaties , salaries are incresed same with creamylayer limit.It is varibale hence increase is always expected and must be implemented.
If you see correctly then you all will find that neither creamy layer criteria was defined properly so that deserved people get covered and neither have been implemented properly.Why no one is taking about creamy layer limit in SC/ST.So many genration of sc/st are getting benefit o the reservation and no where talk of creamy layer in that.This is becsue politician are fearing for votes.i can only say that there is great politics and ignorance for obc community people.
Arjun
@ 24.12.2008 19:02 IST
My questions is that my father is a retired government servant(not pure givernment) where post was not classified and is getting pension of rs. 15000.He has got some interest amount around one lakhs deposited in banks.pension will be trated as salary since clasfication was not there and interest amount will also be clubbed.if suppose 4.5 limit may get reverted to 2.5 then will i come under creamy layer since income of year is more than 2.5(180000+100000=2.8 lakhs).
my uestions is that interest amount will be clubbed with salary income or will be trated as other income.pl. clarify my doubts.
My questions is that my father is a retired government servant(not pure givernment) where post was not classified and is getting pension of rs. 15000.He has got some interest amount around one lakhs deposited in banks.pension will be trated as salary since clasfication was not there and interest amount will also be clubbed.if suppose 4.5 limit may get reverted to 2.5 then will i come under creamy layer since income of year is more than 2.5(180000+100000=2.8 lakhs).
my uestions is that interest amount will be clubbed with salary income or will be trated as other income.pl. clarify my doubts.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 24.12.2008 20:05 ISTDear Arjun, As in situation explained by you the interest amount will be clubbed with the pension income for computation of three consecutive year's income. It is true if suppose 4.5 limit may get reverted to 2.5 then you will come under creamy layer since income of year is more than 2.5(180000+100000=2.8 lakhs. However there is no need to issue any equivalent or comparable classification from government side. Regarding equivalent or comparable post you have to explain and convince the certificate issuing authorities. Govt has left this issue on certificate issuing authorities. Then the interest income (other income will be clubbed with the pension income. .
Arjun
@ 24.12.2008 20:25 IST
your statement Govt has left this issue on certificate issuing authorities.i am not able to understand.is this written any where or just your perception.
your statement Govt has left this issue on certificate issuing authorities.i am not able to understand.is this written any where or just your perception.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 24.12.2008 22:25 ISTDear Arjun,It is not separately written but as the creamy layer criteria is derived for certificate issuing authorities as a tool or check-list to determine creamy-layer of a candidate and it’s Rule II C says that- “The criteria enumerated in A and B above in this category will apply mutatis mutandis to officers holding equivalent or comparable posts in PSUs, Banks, Insurance Organisations, Universities, etc.” From which it is clear that the certificate issuing authority will evaluate equivalent or comparable posts of an applicant’s father-mother on the basis of information submitted by the candidate.
Adarsh Kumar
@ 24.12.2008 23:18 ISTHello Shailendra,
I am currently working as a software engineer in a private firm. I have an experience of about 2.5 years. I am planning to pursue higher studies in India. I come under OBC category but i have a doubt w.r.t. whether i ll be falling under non creamy layer or not. My work related remuneration is given below :
From jul'06 - Mar'07 : 2.14 lacs p.a
From Apr'07 - Dec'07 : 4.25 lacs p.a
From Jan'07 - till date : 4.90 lacs p.a
Moreover, will my parents' remunerations will also be considered?
Thanks!!
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 25.12.2008 06:28 ISTDear Adarsh Kumar,
(1) Candidate’s creamy layer status is always determined by parent’s (father, mother) status and never by status of self or husband or spouse. Hence your creamy layer status will be determined only by your parent’s (father, mother) status and your income will not be counted. This reservation facility is actually based on “what status a father and mother given to a child since his/her birth”.
(2) EVEN THERE IS NO NEED TO LEAVE THE JOB FOR A CANDIDATE TO BECOME A NON-CREAMY LAYER.
(3) Each clause of creamy layer criteria DT 08.09.1993 say that sons and daughters of so and so will be treated as creamy layer.
(4) Para 08 of creamy clarifications DT 14.10.04 issued by DOPT GoI clearly speaks that:-
“8. Creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.”
Hence your salary income will never be added to determine your creamy layer status even you earn crores of Rs. per year.
Your creamy layer status will only be determined by status of your parent’s (father, mother) only.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 25.12.2008 13:11 ISTDear Raghunathan
(1) Regarding implementation of sixth pay commission to clear the doubts and confusion we should educate the OBC Govt Servants that their creamy layer status is to be checked by post only. We should tell them this annual income limit is for other income. As you know most of the authorities are checking the creamy layer status by annual income only even for the govt servants.
(2) If we go through the creamy layer Rule no. II C of creamy layer criteria-93 it says to apply the rule of exclusion to “OFFICERS” of the PSUs and not to the class IV and class 3 employees of PSUs. So there is no need to apply this test on post like pus teachers, workers etc. It is a matter of explanation and how to convince the authorities instead of getting confused our self.
In my opinion the Rule II C of creamy layer criteria1993 has two different parts (sentences) written together i.e.-
Part (i) ‘The criteria enumerated in A and B above in this category will apply mutatis mutandis to officers holding equivalent or comparable posts in PSUs, Banks, Insurance Organisations, Universities, etc., and also to equivalent or comparable posts”
Part (ii) “and positions under private employment, pending the evaluation of the posts on equivalent or comparable basis in these institutions, the criteria specified in Category VI below will apply to the officers in these Institutions.”
Kindly study it deeply and give your opinion on my view whether these are two different things...
(3) It is already given in Para 09 of Creamy layer clarification 14.102004 that- “the creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-à-vis posts in Government has not been evaluated is determined as follows i.e. salary income basis.” and the same I have mentioned earlier.
(4) All the points of criteria-93 require review and revision. This is also recommended to GOI by Chairman NCBC in June-08 while recommending enhancement of annual income limit. They have recommended constituting an expert committee for its review. He asked me to come and put up the views/points if it happens. Dear Raghunathan it will be better if you accompany us if it is decided in future.
(5) If you see Clause-3 of The Central Educational Institutions (Reservation in Admissions) Act, 2006. Govt had a combined provision for reservation of SC, ST & OBC. It was thought that Clause-3 (i) & (ii) will protect the interest of Clause-3 (iii) but the Court given has given two deferent opinions in a single ACT. But how it was made possible to impose creamy layer for people coming under Clause-3 (iii) and not for the people coming under Clause-3 (i) & (ii). It is correct that if creamy layer imposition was so necessary then why the crorepatis of Clause-3 (i) & (ii) were allowed for reservation facility. However instead of SC-ST there should be some reservation of seats (around 50% seats) for non-creamy layers in Unreserved/ general seats also. Because candidates coming from urban areas who can afford costly coaching etc. are doing better in various competitive examinations.
(6) The creamy layer is not imposed by politicians. They have favored the OBCs. It is imposed on demand of third-party who is not OBCs and has no concern with the OBCs. It is understood if this demand might have came from the lower society of OBCs or from any organization of OBCs but it was not there.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 25.12.2008 15:22 ISTDear Arjun, Please read in answer dt 24.12.2008 20:05 IST “the interest amount will not be clubbed with the pension (salary) income” in place of “the interest amount will be clubbed with the pension income” as interest income will come in other income and Para 09 of Creamy layer clarification 14.102004 says that “Income of the parents from the salaries and from the other Sources [other than salaries and agricultural land] is determined separately.” Accordingly you will be non-creamy layer even 4.5 limit may get reverted to 2.50.
Arjun
@ 25.12.2008 17:10 IST
Thanks.if interest accumulated is through fixed deposit from salary account(money deposited from salary earned) even then interest income will be treated as other income ? or will be included as part of salary and hence will be clubbed.pl. reply.
Thanks.if interest accumulated is through fixed deposit from salary account(money deposited from salary earned) even then interest income will be treated as other income ? or will be included as part of salary and hence will be clubbed.pl. reply.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 25.12.2008 18:20 ISTDear Preety, In continuation to your earlier query"whether a caste certificate issued after the date of application can be considered? Please go through the decision of Delhi High Court in Appeal of Ms. Sunita vs Govt.of NCT of Delhi
SUBJECT: SERVICE MATTER
Date of Decision: March 24, 2005.
WP(C).4122/1999
Directly on URL
http://delhicourts.nic.in/mar2005/sunita%20vs%20NCT.htm
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 25.12.2008 18:31 ISTDear Arjun, If we go to the legal angle, the interest accumulated is through fixed deposit from salary account (money deposited from salary earned) will be treated as other income.
Example- If an employee constructs a house and gets some income from its rent it will be treated as other income and not as salary income.
Similarly as he invests the salary money in Banks, Shares, business etc. and income from this is defined as other income.
Arjun
@ 25.12.2008 19:39 IST
very good example now i am clear that interest will be treated as other income.
very good example now i am clear that interest will be treated as other income.
Raghunathan
@ 25.12.2008 20:23 IST
Dear SHAILENDRA WAGADRE
1) yes pure governmnet servant are need to be educated that thier creamy layer status have to be checked by post held as per rule not by salary income.you are right on this line.
2) PSU officer is to be checked not employee.In this case also you clarification is perfect.
But most of the PSU don't have classification of GROUP A , GROUP B officer.
about Rule II C of creamy layer criteria1993 i carefully examining the points noticed that there is and appearing not full stop(.) in the sentence i.e it is a continued sentence not 2 .if you see the column of heading it is C. Employees in Public Sector Undertakings, etc. then sentence The criteria enumerated in A and B above in this category will apply mutatis mutandis to officers holding equivalent or comparable posts in PSUs, Banks, Insurance Organisations, Universities, etc., and also to equivalent or comparable posts and positions under private employment, pending the evaluation of the posts on equivalent or comparable basis in these institutions, the criteria specified in Category VI below will apply to the officers in these Institutions.These institutions means all psu , university , school , private body.This is my view and that can be wrong also.
3) let me put some points : PSU employee , university teacher , school teacher (non-government aided) they all are getting salary from government only on on bahalf of them.let talk about teacher/principal of aided non-government school they are getting salary from government and similary pay structure like government school/college. if post of principal (whom teacher used to officaly report) in government school say seconday school is class ii then how the principal post in aided non-governmnet can be made to come under creamy layer under the basis of salary income.they are getting salary from the governmnet when name non-governmnet is coming & for that only their salary income is being considered.same is the case with university lectures , reader etc where post is not clssified.
see the a.singh posting on this forum
A Colnel whose salary income is 8 lakh per annm does not fall in creamy layer but a teacher whose post is not classified if his income is more than 2.5 lakhs he will fall in creamy layer.
3)yes i just read on the internet that chairman while submitting the report sough to appoint an expert committee to review the creamy layer points.This need to be done but i don't thing this will happen.if at all this will happen then they will impose more rules to exculde geniune persons instead of relaxing like a points in which a person from class ii to class i before 40 years.this is to be fixed at 35 or totaly removed to include more.
5) this point i many times raised there must be creamy layer for SC/ST also if it is for OBC.yES some %age of persons econamilcally poor from general category should also be given reservations.This is valid.
6)Partially you are right that it's not politicies that are against the OBC.but polticiens are not serious to do/act so that deserved people will get the benefit of the servervation.who is controlling the country it's politiciens all IAS rule maker are working under them.why don't they ask to give serious efforts like defending creamy layer limit in sc and changing creamy layer clauses.problem is that people in the administrative post do not like that obc people get benefited.they are upper cost people.their are enough number of respresenation of SC/ST in administrative post that why no creamy layer for them.even mira kumari MINISTER SOCJUSTICE is a sc and he categarially denied creamy layer for sc/st WHEN cji IN 2006 asked for creamy layer in them (SC/ST).all become united CPI(M) prakash kamat and all on this and hence was not implemented.WHO IS THERE TO CARE FOR OBC.
I have expresed my view that may vary from others.
Dear SHAILENDRA WAGADRE
1) yes pure governmnet servant are need to be educated that thier creamy layer status have to be checked by post held as per rule not by salary income.you are right on this line.
2) PSU officer is to be checked not employee.In this case also you clarification is perfect.
But most of the PSU don't have classification of GROUP A , GROUP B officer.
about Rule II C of creamy layer criteria1993 i carefully examining the points noticed that there is and appearing not full stop(.) in the sentence i.e it is a continued sentence not 2 .if you see the column of heading it is C. Employees in Public Sector Undertakings, etc. then sentence The criteria enumerated in A and B above in this category will apply mutatis mutandis to officers holding equivalent or comparable posts in PSUs, Banks, Insurance Organisations, Universities, etc., and also to equivalent or comparable posts and positions under private employment, pending the evaluation of the posts on equivalent or comparable basis in these institutions, the criteria specified in Category VI below will apply to the officers in these Institutions.These institutions means all psu , university , school , private body.This is my view and that can be wrong also.
3) let me put some points : PSU employee , university teacher , school teacher (non-government aided) they all are getting salary from government only on on bahalf of them.let talk about teacher/principal of aided non-government school they are getting salary from government and similary pay structure like government school/college. if post of principal (whom teacher used to officaly report) in government school say seconday school is class ii then how the principal post in aided non-governmnet can be made to come under creamy layer under the basis of salary income.they are getting salary from the governmnet when name non-governmnet is coming & for that only their salary income is being considered.same is the case with university lectures , reader etc where post is not clssified.
see the a.singh posting on this forum
A Colnel whose salary income is 8 lakh per annm does not fall in creamy layer but a teacher whose post is not classified if his income is more than 2.5 lakhs he will fall in creamy layer.
3)yes i just read on the internet that chairman while submitting the report sough to appoint an expert committee to review the creamy layer points.This need to be done but i don't thing this will happen.if at all this will happen then they will impose more rules to exculde geniune persons instead of relaxing like a points in which a person from class ii to class i before 40 years.this is to be fixed at 35 or totaly removed to include more.
5) this point i many times raised there must be creamy layer for SC/ST also if it is for OBC.yES some %age of persons econamilcally poor from general category should also be given reservations.This is valid.
6)Partially you are right that it's not politicies that are against the OBC.but polticiens are not serious to do/act so that deserved people will get the benefit of the servervation.who is controlling the country it's politiciens all IAS rule maker are working under them.why don't they ask to give serious efforts like defending creamy layer limit in sc and changing creamy layer clauses.problem is that people in the administrative post do not like that obc people get benefited.they are upper cost people.their are enough number of respresenation of SC/ST in administrative post that why no creamy layer for them.even mira kumari MINISTER SOCJUSTICE is a sc and he categarially denied creamy layer for sc/st WHEN cji IN 2006 asked for creamy layer in them (SC/ST).all become united CPI(M) prakash kamat and all on this and hence was not implemented.WHO IS THERE TO CARE FOR OBC.
I have expresed my view that may vary from others.
Raghunathan
@ 25.12.2008 20:38 IST
Points in favour of 4.5 limit:
1. limit was considered varibale while 93 notification was issued.
See the line The income criteria in terms of rupee will be modified taking into account the change in its value every three years. If the situation, however, so demands, the interregnum may be less.then what is the problem.
2. Since inflanation , salary and many other things on the basis of which revisions of salary is done it has to done in defining the creamy layer limit by taking some point in them that are genuine.
3.when the limit was fixed at 1 lakhs , 2.5 lakhs the same basis have been made in fixing 4.5 so many things this depend. The report of 2004 was avilable on net which describes these points.
3. there is no relation with the cour order for filling obc seats to general category with increase in limit.Since it was due in march 2007 that why it is done.This is done in a proper way under the chairmain ship of retired s.c JUDGE and other NCBC member.so as the pettioner who are describing this incrase just to foul out court order is not correct.what would have been the case when this limit would have been increased in june 2007.
Points in favour of 4.5 limit:
1. limit was considered varibale while 93 notification was issued.
See the line The income criteria in terms of rupee will be modified taking into account the change in its value every three years. If the situation, however, so demands, the interregnum may be less.then what is the problem.
2. Since inflanation , salary and many other things on the basis of which revisions of salary is done it has to done in defining the creamy layer limit by taking some point in them that are genuine.
3.when the limit was fixed at 1 lakhs , 2.5 lakhs the same basis have been made in fixing 4.5 so many things this depend. The report of 2004 was avilable on net which describes these points.
3. there is no relation with the cour order for filling obc seats to general category with increase in limit.Since it was due in march 2007 that why it is done.This is done in a proper way under the chairmain ship of retired s.c JUDGE and other NCBC member.so as the pettioner who are describing this incrase just to foul out court order is not correct.what would have been the case when this limit would have been increased in june 2007.
Raghunathan
@ 25.12.2008 20:40 IST
Correction:
Since inflanation , salary and many other things on the basis pl. read this as inflnation cost of commodaties on the basis of which revisions of salary is done it has to done in defining the creamy layer limit by taking some point in them that are genuine.
Correction:
Since inflanation , salary and many other things on the basis pl. read this as inflnation cost of commodaties on the basis of which revisions of salary is done it has to done in defining the creamy layer limit by taking some point in them that are genuine.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 25.12.2008 22:24 ISTDear Raghunathan, You are correct. Problem regarding PSUs and Private empolyment should be solved.
Raghunathan
@ 25.12.2008 22:34 IST
Time to ease creamy layer out of SC/ST quota:CJI
11 Nov 2008,TNN
The time has come to think about the creamy layer among Scheduled Castes and Scheduled Tribes and their gradual exclusion from quota benefits, said Chief Justice of India K G Balakrishnan, the first Dalit judge to occupy the highest post in the judiciary
It is just for information.
Time to ease creamy layer out of SC/ST quota:CJI
11 Nov 2008,TNN
The time has come to think about the creamy layer among Scheduled Castes and Scheduled Tribes and their gradual exclusion from quota benefits, said Chief Justice of India K G Balakrishnan, the first Dalit judge to occupy the highest post in the judiciary
It is just for information.
Raghunathan
@ 26.12.2008 17:53 IST
New Delhi, Dec 15 (PTI) The Supreme Court today sought a reply from the Centre on a batch of petitions challenging the move to raise the annual income ceiling for the creamy layer among the OBC candidates, seeking admission to central educational institutions, from Rs 2.5 lakh to Rs 4.5 lakh.A bench of Chief Justice K G Balakrishnan and Justice P Sathasivam while issuing notice to the Centre, posted the matter for further hearing to the third week of January 2009.The petition filed by Nair Education Society and others have challenged the impugned notification issued on October 13, 2008 as "arbitrary", "unreasonable" and "unrealistic;" and brought in to thwart admissions of the general category candidates, who were entitled to fill up the vacant OBC seats in central educational institutions.According to the petitions, the impugned notification was issued by the government with retrospective effect from October 13, 2008, even though the apex court had on October 14, ruled that all unfilled OBC seats should be filled up with general category candidates.Instead of complying with the apex court's direction, the Government chose to enhance the ceiling with retrospective effect to benefit OBC candidates from the creamy layer at the cost of the meritorious general candidates, the petition said. During the brief arguments, the bench questioned senior counsel K K Venugopal on the opposition to raising the ceiling limit."Do you mean to say that those above the poverty line (APL) should be classified as creamy layer and excluded? Today even among Class III employees there are PAN card holders," the bench remarked.However, Venugopal argued that no scientific data or material was collected by the Government to enhance the ceiling limit. It was the argument of the petitioners that the Government had no material much less the data from the Central Backward Commission to determine the ceiling limit.During the earlier hearing on October 14 Venugopal had argued that "the cabinet decided to mop up all the vacancies under the OBC quota for high class OBC so that all seats go to them. This will defeat the motive of the quota judgement."He had told a Constitution bench of Chief Jusitce K G Balakrishnan and Justices Arijit Pasayat, C K Thakker, R V Raveendran and Dalveer Bhandari that the cabinet's decision on the notification was arbitrary as the apex court last year had set aside the report of the Narenderan Commission recommending raising upto Rs 3 lakh as the upperlimit of annual income for the creamy layer.(more)
"When the Supreme Court has held as unjustified the raising the income ceiling to Rs 3 lakh for creamy layer how can it be Rs 4 lakh within a year," Venugopal had argued referring to the February 23, 2007 verdict of the apex court.
The court had set aside the report of Justice K K Narendran Commission appointed by the Kerala Government.
The Narendran Commission was appointed by the state government after the Supreme court had accepted the report of another Commission of Justice K J Joseph that had recommended Rs 2.5 lakh annual income as upper limit for the creamy layer. PTI
see the line :
"Do you mean to say that those above the poverty line (APL) should be classified as creamy layer and excluded? Today even among Class III employees there are PAN card holders," the bench remarked.
It's is not so difficult to get it cleared by S.C 4.5 limit just aurgument should be proper what the opposition peple want to say it was just to overrule the s.c decision that vacant obc seat should go to general which is not the totally true.seond they are projecting that 4.5 limit was fixed with no proper justification.when a comiitee was formed for the same and they must have collected realistic material and facts based upon which 4.5 limit was recommanded.they consultated to state backward class autority and obtanied various input from other sources.
Majority of certificate issuing authority consider salray as income only hence 4.5 limit is very necessary.i once again request you all who can do some thing for the above they should do.
I request Mr. SHAILENDRA WAGADRE to once again discuss the case with at least NCBC chairman before case is put on hearing in SC.
New Delhi, Dec 15 (PTI) The Supreme Court today sought a reply from the Centre on a batch of petitions challenging the move to raise the annual income ceiling for the creamy layer among the OBC candidates, seeking admission to central educational institutions, from Rs 2.5 lakh to Rs 4.5 lakh.A bench of Chief Justice K G Balakrishnan and Justice P Sathasivam while issuing notice to the Centre, posted the matter for further hearing to the third week of January 2009.The petition filed by Nair Education Society and others have challenged the impugned notification issued on October 13, 2008 as "arbitrary", "unreasonable" and "unrealistic;" and brought in to thwart admissions of the general category candidates, who were entitled to fill up the vacant OBC seats in central educational institutions.According to the petitions, the impugned notification was issued by the government with retrospective effect from October 13, 2008, even though the apex court had on October 14, ruled that all unfilled OBC seats should be filled up with general category candidates.Instead of complying with the apex court's direction, the Government chose to enhance the ceiling with retrospective effect to benefit OBC candidates from the creamy layer at the cost of the meritorious general candidates, the petition said. During the brief arguments, the bench questioned senior counsel K K Venugopal on the opposition to raising the ceiling limit."Do you mean to say that those above the poverty line (APL) should be classified as creamy layer and excluded? Today even among Class III employees there are PAN card holders," the bench remarked.However, Venugopal argued that no scientific data or material was collected by the Government to enhance the ceiling limit. It was the argument of the petitioners that the Government had no material much less the data from the Central Backward Commission to determine the ceiling limit.During the earlier hearing on October 14 Venugopal had argued that "the cabinet decided to mop up all the vacancies under the OBC quota for high class OBC so that all seats go to them. This will defeat the motive of the quota judgement."He had told a Constitution bench of Chief Jusitce K G Balakrishnan and Justices Arijit Pasayat, C K Thakker, R V Raveendran and Dalveer Bhandari that the cabinet's decision on the notification was arbitrary as the apex court last year had set aside the report of the Narenderan Commission recommending raising upto Rs 3 lakh as the upperlimit of annual income for the creamy layer.(more)
"When the Supreme Court has held as unjustified the raising the income ceiling to Rs 3 lakh for creamy layer how can it be Rs 4 lakh within a year," Venugopal had argued referring to the February 23, 2007 verdict of the apex court.
The court had set aside the report of Justice K K Narendran Commission appointed by the Kerala Government.
The Narendran Commission was appointed by the state government after the Supreme court had accepted the report of another Commission of Justice K J Joseph that had recommended Rs 2.5 lakh annual income as upper limit for the creamy layer. PTI
see the line :
"Do you mean to say that those above the poverty line (APL) should be classified as creamy layer and excluded? Today even among Class III employees there are PAN card holders," the bench remarked.
It's is not so difficult to get it cleared by S.C 4.5 limit just aurgument should be proper what the opposition peple want to say it was just to overrule the s.c decision that vacant obc seat should go to general which is not the totally true.seond they are projecting that 4.5 limit was fixed with no proper justification.when a comiitee was formed for the same and they must have collected realistic material and facts based upon which 4.5 limit was recommanded.they consultated to state backward class autority and obtanied various input from other sources.
Majority of certificate issuing authority consider salray as income only hence 4.5 limit is very necessary.i once again request you all who can do some thing for the above they should do.
I request Mr. SHAILENDRA WAGADRE to once again discuss the case with at least NCBC chairman before case is put on hearing in SC.
Raghunathan
@ 26.12.2008 18:24 IST
TN notification:
http://www.tn.gov.in/stationeryprinting/gazette/II-1-47.pdf
TN notification:
http://www.tn.gov.in/stationeryprinting/gazette/II-1-47.pdf
prasad
@ 01.01.2009 23:04 ISTsir, ihave a doubt. my father is working as a professor and head of the deparment in madurai university. he joined as lectturer at age of 27 years and he became reader at the age of 38 years and he became professor at the age of 46 years. i need to know whether i come under creamy layer or not.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 02.01.2009 07:12 ISTDear Prasad, As I know the lecturer & reader both are class-II posts you are a non-creamy layer candidate. But regarding classification whether these are class I or II posts please ask your father to get confirmed from university or UGC.
Gajadhar Mahato
@ 06.01.2009 02:10 ISTsir,my father is an employee in PSU(central coalfield ltd.)with annual income around 2.5 lakh.sir,i am very much confused about creamy layer rule.sir,please make me clear that i will come under OBC non creamy layer or not?..sir,please reply me soon.sir,i am a B.Tech final year student,applying for power grid.
with regard
Gajadhar Mahato
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 06.01.2009 07:14 ISTGajadhar Mahato, There is no need to get confused about the creamy layer rule, they are very clear. We must read them minutely again and again and explain them to certificate issuing authorities by giving the photocopies. The rules were made to exclude the creams (means around 5% OBCs only) from the reservation benefits. It is not a BELOW POVERTY RULE. You are a non-creamy layer candidate and definitely eligible for reservation for recruitment or admissions.
(A) As per Rule II C of Creamy Layer Criteria dated 08.09.1993 the Rule II A and II B will be applicable to determine the creamy layer status of son and daughter of PSU employees on equivalent and comparable basis. According to which only following are treated as creamy-layer.
(i) Parents, either of whom is a direct recruited group-A or Class-I officer. (Direct Recruitment)
(i) Parents, both of whom are group-B or Class-II officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B or Class-II officer and he gets into group-A at the age of 40 or earlier.
According to which you are a non-creamy layer candidate. In this case salary income will not be counted. or
(B) If it is not possible to prove equivalence or comparability of posts vis-à-vis posts in Government then the Rule VI (Rs. 4.50 lakhs annual income for three consecutive years) of Creamy Layer Criteria dated 08.09.1993 will be applicable to determine the creamy layer status of son and daughter of PSU employees. It is also given in Para-09 of Govt’s Creamy Layer Clarification dated 14.10.2004 “It is clarified that the creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-à-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.4.5 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.4.5 lakh per annum and income from other sources is also less than Rs.4.5 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.4.5 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.”
According to which also you are a non-creamy layer candidate as the Rule VI of Creamy Layer Criteria dated 08.09.1993 is already revised as Rs. 4.50 lakhs annual income for three consecutive years instead of Rs. 2.50 lakhs annual income.
You can contact me on phone also. I will call back you.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CASTE LIST, CERTIFICATE & APPLICATION FORMAT etc.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT
@ 08.01.2009 07:14 ISTGREAT SHOLASHIPS BY CENTRAL GOVERNMENT.
82,000 SCHOLARSHIPS, Rs.1000/2000 MONTHLY:
(FOR NON CREAMY LAYER OBCs 80% MARKS IN 12th)
Dear Sir,
Wide publicity among the society is requested regarding:
“Central Sector Scheme of 82000 Scholarship for College and University Students (For candidates who have passed Class XII from State or Central Board of secondary Education in 2008) Last Date Extended to 31st Jan. 2009”
Main Feathers-
(1) Total Scholarships- 82000
(2) Rs. 1000 per month for first 03 years
(3) Rs. 2000 per month for next 02 years
(4) Eligibility marks in 12th Board State or Central Board of secondary Education 2008
(i) For SC, ST & OBC category- 80 %
(ii) For General candidate- 90%.
(5) Eligibility criteria- Non-Creamy layer (Atleast not to have Rs. 4.50 lakhs annual income for last 03 years)
(6) Last Date of application- 31.01.2009
(7) Application form & information available on WWW.CBSE.NIC.IN OR WWW.OBCGURU.COM
(8) Whre to send applications- The Deputy Secretary, Admn & Vigilance, Scholarship Division, Central Board of Secondary Education 2, Community Centre, Preet Vihar, Delhi – 110 301
Special Note: The students appearing for 2009 12th examination must score more and more marks to get the above scholarship.
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98) 09425003700 swagadre@rediffmail.com
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT AND COURT’S ORDERS etc.
Manoj Shah
@ 08.01.2009 15:08 ISTDear Sir,
Please clarify. My wife's father is working in SBI(PSU)as deputy
manager with annual income less than 4.5 lacs.Her mother is housewife with no income. I am working in PSU as deputy manager and my annual income in 2008 is more than 4.5 lacs(taking arrear payments of 2007).Does my wife will come under creamy layer.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT ETC.
@ 09.01.2009 06:14 ISTDear Manoj Shah,
(1) (i) Candidate’s creamy layer status is always determined by parent’s (father, mother) status and never by status of self or husband or spouse. Hence her creamy layer status will be determined only by her parent’s (father, mother) status and your income will not be counted. This reservation facility is actually based on “what status a father-mother has given to a child since his/her birth”.
(ii) Each clause of creamy layer criteria DT 08.09.1993 says that “sons and daughters of so and so… will be treated as creamy layer.”
(iii) Para 08 of creamy clarifications DT 14.10.04 issued by DOPT GoI clearly speaks that: - “8. Creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.”
Hence your status or salary income will never be counted to determine your wife’s creamy layer status even you are an IAS officer or you earn crores of Rs. per year.
(2) As per Rule II C of Creamy Layer Criteria dated 08.09.1993 the Rule II A and II B will be applicable to determine the creamy layer status of son and daughter of PSU/Bank’s employees on equivalent and comparable basis. According to which only following are treated as creamy-layer.
(i) Parents, either of whom is a direct recruited group-A or Class-I officer.
(i) Parents, both of whom are group-B or Class-II officers.
(iii) Parents of whom only the husband (father) is a group-B or Class-II officer and he gets into group-A at the age of 40 or earlier.
According to which you wife is a non-creamy layer candidate.
(3) Regarding Rule VI of creamy layer criteria DT 08.09.1993 you should always keep in mind that “when the annual income is more than 4.50 lakhs for all the last three consecutive financial years, than only the sons/daughters will be treated as creamy layer.” However in your wife’s case the creamy layer status will be checked on the basis of post held of her parents.
B.Sarath Kumar
@ 09.01.2009 14:57 ISTHello sir i am from Vijayawada, Andhra Pradesh. Sir my father works as a group B employee in BSNL. His annual income is around 3.6 laks. Sir keeping in view the recent increase in ceamy layer limit do i come under the OBC category. When i approached the MRO offoce a month back they said they did not get the GO yet..Sir i need apply for the bank exams.. please give me some information...
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT ETC.
@ 10.01.2009 07:39 ISTDear B.Sarath Kumar, As per Rule II C of Creamy Layer Criteria dated 08.09.1993 your creamy layer status will be determined by your father’s “POST HELD” as he is a BSNL employee. According to Rule II of Creamy Layer Criteria dated 08.09.1993 only following candidates are treated as creamy-layer.
(i) Parents, either of whom is a direct recruited group-A or Class-I officer.
(i) Parents, both of whom are direct recruited group-B or Class-II officers.
(iii) Parents of whom only the husband (father) is a direct recruited group-B or Class-II officer and he gets into group-A or Class-I at the age of 40 or earlier.
According to which you are a non-creamy layer candidate.
However regarding GO issued by GOI on 14-10-2008 of Rs. 4.50 lakhs, it will take several months or years to reach up to every Tehsil of India. It is better to take a copy of it from internet and put up it the MRO office. They are considering it as they are very intelligent people with sound “general knowledge”. The GO is available on website www.persmin.nic.in or www.obcguru.com
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT ETC.
@ 16.01.2009 09:20 ISTGREAT SHOLASHIPS BY CENTRAL GOVERNMENT FOR SC-ST-OBC & GENERAL.
82,000 SCHOLARSHIPS, Rs.1000/2000 MONTHLY:
(FOR NON CREAMY LAYER SC,ST,OBCs 80% & GENERAL 90% MARKS IN 12th)
Dear Sir,
Wide publicity among the society is requested regarding:
“Central Sector Scheme of 82000 Scholarship for College and University Students (For candidates passed Class XII in 2008 from State or Central Board of secondary Education) Last Date Extended to 31st Jan. 2009”
Main Feathers-
(1) Total Scholarships- 82000
(2) Rs. 1000 per month for first 03 years
(3) Rs. 2000 per month for next 02 years
(4) Eligibility marks in 12th Board State or Central Board of secondary Education 2008
(i) For SC, ST & OBC category- 80 %
(ii) For General candidate- 90%.
(5) Eligibility criteria- Non-Creamy layer (Atleast not to have Rs. 4.50 lakhs annual income for last 03 years)
(6) Last Date of application- 31.01.2009
(7) Application form & information available on WWW.CBSE.NIC.IN OR WWW.OBCGURU.COM
(8) Whre to send applications- The Deputy Secretary, Admn & Vigilance, Scholarship Division, Central Board of Secondary Education 2, Community Centre, Preet Vihar, Delhi – 110 301
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98) 09425003700 swagadre@rediffmail.com
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT AND COURT’S ORDERS etc.
Special Note: The students appearing for 2009 12th examination must score more and more marks to get above scholarship.
vipul
@ 20.01.2009 15:10 ISTsir,
if my fathers income have increased in one of last three years ie above the limit then am i applicable for non creamy layer sir plz help me out here
vipul
@ 20.01.2009 15:13 ISTsir,
my father is having a small business but income of first year is below the limit ,second year income is little above the limit ,and third year income is also below the limit ,so am i applicable for non creamy layer certificate
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT ETC.
@ 23.01.2009 09:49 ISTdear vipul, when income is more than 4.50 lakhs per year for each of the last 3 year separately. The annual income limit for this is already enhanced to 4.50 lakhs by order dated 14.10.2008 by central Govt. You are a non-creamy layer and eligible for obc reservation.
balgopal acharaya
@ 27.01.2009 23:52 IST
helllo.sir my self belong to an obc cataegory.my father is working in a psu from the past 35 year.he is now in the class one bracket but at the age of 41+ year. he joined the organisation as a class three employees in 1973.his salary now is 4.4 lakhs per annum.should i belongs to creamy layer
helllo.sir my self belong to an obc cataegory.my father is working in a psu from the past 35 year.he is now in the class one bracket but at the age of 41+ year. he joined the organisation as a class three employees in 1973.his salary now is 4.4 lakhs per annum.should i belongs to creamy layer
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT ETC.
@ 28.01.2009 06:47 ISTDear balgopal acharaya, There is no need to get confused about the creamy layer rule, they are very clear. We must read them minutely again and again to explain them to certificate issuing authorities by giving the photocopies. The rules were made to exclude the creams from the milk (means around 5% OBCs only) from the reservation benefits. It is not a BELOW POVERTY RULE. You are a non-creamy layer candidate and definitely eligible for reservation for recruitment or admissions.
(A) As per Rule II C of Creamy Layer Criteria dated 08.09.1993 the Rule II A and II B will be applicable to determine the creamy layer status of son and daughter of PSU employees on equivalent and comparable basis. According to which only following are treated as creamy-layer.
(i) Parents, either of whom is a direct recruited group-A or Class-I officer. (Direct Recruitment)
(i) Parents, both of whom are group-B or Class-II officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B or Class-II officer and he gets into group-A at the age of 40 or earlier.
According to which you are a non-creamy layer candidate. In this case salary income will not be counted. or
(B) If it is not possible to prove equivalence or comparability of posts vis-à-vis posts in Government then the Rule VI (Rs. 4.50 lakhs annual income for three consecutive years) of Creamy Layer Criteria dated 08.09.1993 will be applicable to determine the creamy layer status of son and daughter of PSU employees. It is also given in Para-09 of Govt’s Creamy Layer Clarification dated 14.10.2004 “It is clarified that the creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-à-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.4.5 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.4.5 lakh per annum and income from other sources is also less than Rs.4.5 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.4.5 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.”
According to which also you are a non-creamy layer candidate as the Rule VI of Creamy Layer Criteria dated 08.09.1993 is already revised as Rs. 4.50 lakhs annual income for three consecutive years instead of Rs. 2.50 lakhs annual income.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CASTE LIST, CERTIFICATE & APPLICATION FORMAT, 82000 SCHOLARSHIPs @ Rs. 1000/2000 per month for COLLEGE STUDENTS.
kumari
@ 29.01.2009 05:58 ISTas regards prasad's doubt(1-1-09) about the class status of lecturers in universities,neither the ugc nor the universities has any norms for classification. in an earlier comment wagadre said that the question of equivalence will be decided by the caste certificate issuing authorities. Even in the absence of any clear norms he replied to hariprasad that lecturer and reader in universities are class II posts. It is not likely to be right. Class/group status is clearly defined in the Central Pay commission Reports in terms of pay scale.UGC scales can easily be compared to CPC scales in numerical terms and seen that all ugc posts fall under class/group a category. according to iv cpc report, if a post with the pay or maximum scale of pay is above Rs 2800- 4000 then it is class I post.this could be applied to persons promoted to class i post in or around 1992.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT ETC.
@ 29.01.2009 07:56 ISTDear kumari (or who so ever is)
You are absolutely correct "Even in the absence of any clear norms he (Wagadre) replied to hariprasad that lecturer and reader in universities are class II posts. It is not likely to be right. Class/group status is clearly defined in the Central Pay commission Reports in terms of pay scale".
Dear kumari (or who so ever is) I appreciate your minute observations according to which I am a "NALAYAK PERSON" unnecessarily devoting my so valuable time in social work. I am stopping to answer IN THIS regard from right now (from this moment now).
Definitely you are an intelligent person and on behalf of 55 crores OBCs it is requested to please-please try continue to answer or clarify the doubts regarding further queries. Thanks a lot on behalf of my family also for opening my eyes.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
RG
@ 01.02.2009 03:20 ISTMy OBC cast is listed in Central list. But some section of my cast community are against it they have put stay order in court. What will be the validity of my certificate and can I go for issuance for new cast certificate in my district (tehsil etc..)
Regards
RG
vipul
@ 03.02.2009 19:13 ISTsir,
one of the three years income has increased above 4.5 ie rest two years is below 4.5 ,so am i eligible for non creamy layer certificate plz help me out i am i confusion sir
vipul
@ 03.02.2009 19:17 ISTsir,
the average of three years income is counted or separately? and if counted individually and one years income has increased above 4.5 so am i eligible
mrunal khadatkar
@ 09.02.2009 19:42 ISTsir, my father is working in maharashtra power generation company(M.S.E.B.),curruntly earning above 4 lakh/annum for last three consecutive years,i want to avail benefit of state reservation which state that pearson having annual income of 4 lakh pa comes under creamy layer.i come under which category as there is no class distributed in M.S.E.B. as in state or central government
ashraf faraaz
@ 14.02.2009 15:27 IST
gaurav singh
@ 22.02.2009 11:17 ISTdear all,
this govt. servants class II and class I criteria is totally ruthless. OBC's should not be bifurcated.There are many instances where the authority does not know rules properly and people suffer.
gaurav
Raman
@ 08.03.2009 10:09 ISTMy father works for a PSU and his earning is more than 2,50,000 I have earning of 1,50,000 and I have filed my Income Tax returns. Can I qualify to stand below the creamy layer.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT etc.
@ 10.03.2009 08:34 ISTDears & Nears,
There are so many intelligent social workers in India like Mr/mrs Kumari (or who so ever is) much worried about the society but it is quite wonderful that no body is coming forward to answer the quarries/questions of OBCs since two months and the quarries/questions of needy candidates are still pending. Even though the quarries/questions asked by OBCs are quite small or simple.
QUESTION IS THAT, WHO WILL SERVE THE NEEDY PEOPLE?
As a stop-gap-arrangement I am again trying to answer the quarries/questions with my little knowledge even though I am residing in a tribal block Ghoradongri of district Betul in Madhya Pradesh. As soon as any intelligent people like Mr/mrs Kumari (or who so ever is) will come forward to answer the quarries/questions of OBCs I am assuring that in his/her honor I will definitely stop this job.
Dear RG, The validity of OBC certificate is one year as per GOI OM Dated: 25th July 2003 (available on www.obcguru.com OBC CENTRAL GOVT page). As you say that the court has stayed the inclusion of your caste in central list of OBCs it will be not legal to get a caste certificate.
Dear Vipul, The income should be more than 4.50 lakhs for all (every) the three consecutive year separately to declare a candidate creamy-layer. You are definitely a non-creamy layer candidate an eligible to get OBC reservation.
Dear Mrunal khadatkar, Regarding state electricity boards we can easily show the classification of posts on equivalent/comparable basis with the state govt. Which you have to put up before the certificate issuing authority.
Regarding annual income criteria first you have to search that whether the same central creamy-layer criteria are adopted by the MS govt or they have made their own. If the central criteria are adopted by MS govt then the income should be more than the prescribed limit for all (every) the three consecutive year separately to declare a candidate as creamy-layer. Your quarry/question is not so clear; you can contact me telephonically at any time.
Dear gaurav singh, Instead of applying annual income criteria the central govt had made the “post-held” criteria for sons and daughter of govt servant. I think this criteria is better then the annual income criteria. However you can suggest the amendments to GOI, if any. We are already trying for it and suggested to resolve some complications regarding determination of creamy layer status of sons and daughter of govt servants.
Regarding authorities, all over India the situation is same, we have to explain them the criteria & they are considering it. To clarify the creamy layer criteria to authorities and even to the OBCs a concrete approach is required from central govt. Regarding continuous monitoring for proper implementation about the policies the central govt officials tell that it’s the responsibility of state welfare departments.
In such situation it required to come forward some more social institutions or people to resolve such important issues of OBCs.
Dear Raman,
(1) Candidate’s creamy layer status is always determined by parent’s (father, mother) status and never by status of self or husband or spouse. Hence your creamy layer status will be determined only by your parent’s (father, mother) status and your income will never be counted. This reservation facility is actually based on “what status a father-mother has given to a child since his/herbirth”.
(2) EVEN THERE IS NO NEED TO LEAVE THE JOB FOR A CANDIDATE TO BECOME A NON-CREAMY LAYER FOR RESERVATION.
(3) Each clause of creamy layer criteria DT 08.09.1993 says that “SONS & DAUGHTERS OF SO & SO” will be treated as creamy layer. Means candidate’s creamy layer status is always determined by parent’s (father, mother) status.
(4) Para 08 of creamy clarifications DT 14.10.04 issued by DOPT GoI clearly speaks that: - “8. Creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.”
(5) The central govt already revised the Rs. 2.50 lakhs limit to Rs. 4.50 lakhs. This income should be more than 4.50 lakhs for all (every) the three consecutive year separately to declare a candidate creamy-layer.
Hence your salary income will never be added to determine your creamy layer status even you earn crores of Rupees per year.
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
Raman
@ 10.03.2009 08:59 ISTI have a question regarding validity of the OBC certificate. Under the current arrangement its valid only for one year. Getting an OBC certificate is a cumbersome process, therefore, is their any way we can get the certificate re-validated without going through the entire process.
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION FORMAT etc.
@ 10.03.2009 11:32 ISTDear Raman, As they have to check the creamy layer status of a candidate thoroughly every year hence no shortcut can be adopted. Only old certificates or case file may help them to certify the caste. We should try for its simplification.
K.Vadgama
@ 26.03.2009 01:24 ISTR/Sir Wagdre,
My self is working in Company formerly PSU and desolved in six different companies .Presently myself is class II officer having annual income Rs.325000/-.Initial class III [year1979] by the way of promotional chhannel I reach to current position of class II in year 1992.as per new rules my self is come under creamy layer or not? Pl clarify sir.
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 26.03.2009 08:18 ISTK.Vadgama,
You are not creamy layer and your son or daughter is eligible for OBC reservation because-------------
(A) As per Rule II C of Creamy Layer Criteria dated 08.09.1993 the Rule II A and II B will be applicable to determine the creamy layer status of son and daughter of PSU employees on equivalent and comparable basis. According to which only following is the creamy-layer?
(i) Parents, either of whom is a direct recruited group-A or Class-I officer. (Direct Recruitment)
(i) Parents, both of whom are group-B or Class-II officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B or Class-II officer and he gets into group-A at the age of 40 or earlier.
According to which you are a non-creamy layer candidate. In this case, salary income will not be counted. or
(B) If it is not possible to prove equivalence or comparability of posts vis-à-vis posts in Government then the Rule VI (Rs. 4.50 lakhs annual income for three consecutive years) of Creamy Layer Criteria dated 08.09.1993 will be applicable to determine the creamy layer status of son and daughter of PSU employees. It is also given in Para-09 of Govt’s Creamy Layer Clarification dated 14.10.2004 “It is clarified that the creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-à-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.4.5 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.4.5 lakh per annum and income from other sources is also less than Rs.4.5 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.4.5 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.”
According to which also you are a non-creamy layer candidate as the Rule VI of Creamy Layer Criteria dated 08.09.1993 is already revised as Rs. 4.50 lakhs annual income for three consecutive years instead of Rs. 2.50 lakhs annual income.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CASTE LIST, CERTIFICATE & APPLICATION FORMAT, 82000 Scholarships @ Rs. 1000/2000 per month for COLLEGE STUDENTS.
K.Vadgama
@ 26.03.2009 23:13 IST
R/sir Shri Wagadre,
We are very much thankful to give us such information in details and assists in our betterment of life.This will definitely help us a lot in our life. thanks a lot.
K.Vadgama and family.
R/sir Shri Wagadre,
We are very much thankful to give us such information in details and assists in our betterment of life.This will definitely help us a lot in our life. thanks a lot.
K.Vadgama and family.
ATUL KADIA
@ 30.03.2009 16:06 ISTSir,
I am a Lecturer(SG) in the department of Mathematics at Hem. North Gujarat University, Patan-384265, my Caste is Sathwara-(Gujarat:state) and my total income (in the year ending on 31st March 2009) is Rs. 441500.00. Then my Queries are as follows.
1. Do I able obtain a Non-Creamy Layer Certificate for the admission of my son in educational institute?
2. How much the gross income limit to exclude myself from Creamy Layer?
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 31.03.2009 22:37 ISTDear ATUL KADIA
If it is not possible to prove equivalence or comparability of posts vis-à-vis posts in Government then the Rule VI (Rs. 4.50 lakhs annual income for three consecutive years) of Creamy Layer Criteria dated 08.09.1993 will be applicable to determine the creamy layer status of son and daughter of PSU, university employees.
It is also given in Para-09 of Govt’s Creamy Layer Clarification dated 14.10.2004 “It is clarified that the creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-à-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.4.5 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.4.5 lakh per annum and income from other sources is also less than Rs.4.5 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.4.5 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.”
The annual income should be more than Rs. 4.50 lakhs for each year separately for creamy layer. According to which your son is a non-creamy layer candidate.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CASTE LIST, CERTIFICATE & APPLICATION FORMAT, 82000 Scholarships @ Rs. 1000/2000 per month for COLLEGE STUDENTS.
shamrao patil
@ 05.04.2009 16:20 ISTR/Sir
what is defination of gross income in case salary people, what types of deductions made from total salary.can we take a taxable income to get noncreamylayer certificate
thanks
urs fatithfully
shamrao patil
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 06.04.2009 06:51 ISTDear Patilji,
The Central Govt Creamy Layer Criteria dated 08.09.1993 says that son or daughter of following “government employees” will be treated as creamy-layer.
(i) Parents, either of whom is a Class-I/group-A officer. (Direct Recruitment)
(i) Parents, both of whom are Class-II/group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a Class-II/group-B officer and he gets into group-A at the age of 40 or earlier.
The salary income is never counted to determine his creamy layer status.
Para 08 of creamy clarifications DT 14.10.04 issued by DOPT GoI (available in www.obcguru.com) clearly speaks that:-
“10. In regard to clause (x) of Para 4, it is clarified that while applying the Income/Wealth Test to determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs.2.5 lakh per annum, income from agricultural land is more than Rs.2.5 lakh per annum, but income from other sources is less than Rs.2.5 lakh per annum, the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth Test provided his parent(s) do not possess wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years.”
We should convince from above points to certificate issuing authorities.
“However, if you go for gross annual income through salary it should be confirmed from the concerned authorities what should be taken.”
Another example available- If you go through the details (application available on www.obcguru.com) of CENTRAL SECTOR SCHEME OF SCHOLARSHIP FOR COLLEGE AND UNIVERSITY STUDENTS announced by Central Govt, they have allowed counting basic pay only as annual-income.
Ravindra T. Narkhede
@ 06.04.2009 10:02 ISTSir,
As per govt. memorandam on 14/10/08 creamy layer income for OBC is increase to Rs.4.5 lacs.
But the latest fomat displaced by IIT Jee 2009 website does not have that correction. Is it applicable for current year admission in IIT?
Pls,give me this information
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 06.04.2009 21:02 ISTIt does not matter whether OM number of 14/10/08 is mentioned or not in OBC caste certificate format. The increased limit of Rs.4.5 lacs is definitely applicable for determination of non-creamy layer status for all central admissions and recruitment OBC reservation.
IIT has made one more majour mistake by fixing the cutoff date for issuance of OBC certificate as 01.01.2009 or later. First, on the date of application (Oct-Nov 08), they are not verifying the non-creamy-layer status and second what is the difference between the non-creamy layer status in April 2008 and January 2009. Actually nothing.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CASTE LIST, CERTIFICATE & APPLICATION FORMAT, 82000 Scholarships @ Rs. 1000/2000 per month for COLLEGE STUDENTS.
RENGARAJAN SOUNDARARAJAN & B.Sarat Chandra
@ 10.04.2009 06:18 ISTRENGARAJAN SOUNDARARAJAN [mobile +91-999.426.8286] said: February 14th, 2009 5:10 pm
Dear Mr. Shailendra Wagadre, Thank you very much for your time and support!! I am out of words to praise the efforts you have taken to reply to me! Each and every line will be certainly very useful to me!! I have to tell the fact that you are a real genius and expert in your field!! Whenever I hear the letters OBC ever in the future, how can I forget your contribution towards the extent of research you have made, the knowledge you have acquired and the time you have spent in clarifying the criteria set by the government. Congratulation is all I can say but I am damn sure that its not even worthy of the time and effort you have spent for me! Your first ever private website on obc information www.obcguru.com helped me a lot. Warm Regards,
B.Sarat Chandra said: April 6th, 2009 5:04 pm
I had lots of doubts regarding my OBC reservation. No one was giving me correct procedure and pattern n information about y reservation. I have seen Mr.Shailendra phone no and called. He was so polite n had all the answers for my doubts. I dont want to say thanks becoz it is very less for a person who helps another without knowing him. He told me all the aspects n clauses regarding resevation. So friends if u have any doubts regarding reservation HERE IS THE SINGLE STOP FOR ALL UR QUERIES.
Ravindra T. Narkhede
@ 10.04.2009 10:00 ISTDear Shailendra,
Thanks for your immidiate reply.Also I have got GR copy of memorandam of Maharashtra Govt. by referring from your site.
My current salary is Rs.3.13 Lacs and last financial year salary was 2.38 lacs. It is better to take non creamy layer certificate of current financial year.Pls,give your suggession.
ravi baghela
@ 10.04.2009 12:47 ISTsir,
My father was recruited as Govt. Doctor in state services(Rajasthan).He got into class I after the age of 40 and retired as Deputy Controller.So i think i did not come in creamy layer as rules mentiond---[------B. Group ‘B’/Class II Officers of the Central and State Services (Direct Recruitment) Son(s) and daughter(s) of – (b) parents of whom only the husband is a Class II officer and he gets into Class I at the age of 40 or earlier------]---.
I tried to make my obc certificate but every time concerned officers say that u come in creamy layer and they dont make my obc certificate .Even though i i mentioned them about the above rule yet they denied.Now i m 34 years old and on the verge to be overage.Do i really come in creamy layer??If not then how can i get my OBC certificate???
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 11.04.2009 09:20 ISTDearRavindra T. Narkhede
The annual income criteria is only for determination of creamy layer status. However, there is nothing to write annual income or it’s year in OBC caste format prescribed by Govt of India. Hence, it does not matter.
Dear Ravi baghela
(1) You are definitely a non-creamy layer candidate and eligible for OBC reservation since 8.9.1993.
(2) You should submit each paper (application/circular etc.) in writing and ask them to reject your application in writing. Do not come back on verbal instructions/guidance.
(3) You should meet the Collector/DM of your district he will definitely here you and solve the problem because he is appointed by the same Personnel Ministry of India who is in charge of OBC reservation.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
sweta mishra
@ 11.04.2009 12:39 IST
hello.
SIR MY FATHER IS WORKING IN LIC OF INDIA A PSU COMPANY OF GOVT OF INDIA IN 1973 AS CLASS THREE EMPLOYESS.AND HE GETS INTO THE CLASS ONE FRAME IN 1993 AT THE AGE OF 42.HIS ANNUAL SALARY NOW IS 4.4 LAKHS PER ANNUM.SHOULD I BELONGS TO CREAMY LAYER
hello.
SIR MY FATHER IS WORKING IN LIC OF INDIA A PSU COMPANY OF GOVT OF INDIA IN 1973 AS CLASS THREE EMPLOYESS.AND HE GETS INTO THE CLASS ONE FRAME IN 1993 AT THE AGE OF 42.HIS ANNUAL SALARY NOW IS 4.4 LAKHS PER ANNUM.SHOULD I BELONGS TO CREAMY LAYER
SHAILENDRA WAGADRE All India General Secretary APAAX 09425003700 swagadre@rediffmail.com or skwagadre@gmail.com VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA, CASTE LIST, CERTIFICATE & APPLICATION etc.
@ 15.04.2009 05:54 ISTTo, sweta mishra, You are a non-creamy layer candidate, eligible for OBC reservation. For PSU creamy layer status please go through the above answers given on 03.12.2008 07:06 IST to bini mahapatra and on 10.12.2008 21:03 IST to sandesh verma.
Abhishek
@ 17.04.2009 15:23 ISThello
Sir I am an IIT aspirant going to appear in JEE 2010.My mother is an Assistant Professor (Doctor) in a state government hospital in Chennai.
Her annual income for the past 4-5 years is below 4 lakhs.But this year i think it will cross 4.5 lakhs.My father is no more since 1995. I belong to OBC caste of Saurashtra (Patnulkarar) serial 160.Please let me know if i belong to non creamy layer.
I will be really thankful for your help.
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 18.04.2009 06:21 ISTDear Abhishek, Central Govt’s Creamy Layer Criteria dated 08.09.1993 says that son or daughter of following “government employees” will be treated as creamy-layer.
(i) Parents, either of whom is a Class-I/group-A officer. (Direct Recruitment)
(i) Parents, both of whom are Class-II/group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a Class-II/group-B officer and he gets into group-A at the age of 40 or earlier.
Accordingly you can asses your status.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
Ajai Yadav
@ 18.04.2009 15:04 ISTSir,
I want to know that are Doctors & school lecturers come in the category of Group ‘A’/Class I Officers or in Group ‘B’/Class II Officers if they have been recruited in state Government service?
Some administrative officers told me that doctors come in the category of Group ‘A’/Class I Officer from the very beginning of their recruitment(both in state and central govt. services) but one told that at the time of recruitment they are Group ‘B’/Class II Officer and they become Group ‘A’/Class I Officer when they get Deputy Chief Medical officer.
How can one know know that which govt posts are come in the categories of Group ‘A’/Class I Officers or Group ‘B’/Class II Officers ,if ther are recruited in state government?
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 19.04.2009 06:54 ISTDear Ajai Yadav, This can be confirmed from the concern department only. In MP, the doctors working in state services as Assistant Surgeons are designated as class II officer whereas doctors working in state medical colleges as lecturer are designated as class I officer as governed by MCI. Similarly, the Engineers working in state services as Assistant Engineers are designated as class II officer whereas Engineers working in state Engineering or Polytechnic colleges as lecturer are designated as class I officer as governed by AICTE. You can ring me.
Abhishek
@ 19.04.2009 23:35 ISTHello
Where can i find the ORIGINAL documents of this file and the others http://www.obcguru.com/uploads/OBC_obcguru_CREAMY_LAYER_CLARIFICATION_NOTE__W07_.pdf
Any authority will not accept it unless it has the government seal and signature on it.
Abhishek
@ 19.04.2009 23:53 ISTIn one of the documents it said that the salary of a government employee does not matter sir. But in obcreservation.com where there was a "procedure to get non-creamy layer certificate" it specified that we must submit the income certificate..
So should government servants submit their income certificate or not?
Thank you for replying last time!!
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 20.04.2009 06:54 ISTDear Abhishek, (A) regarding query Abhishek @ 19.04.2009 23:35 IST, Each Govt document (ORIGINAL documents) is available on www.obcguru.com. You have to spare the time and study it. Example (1) creamy layer criteria dt 8.9.93 are available from page 5 to page 12 as------ http://www.obcguru.com/uploads/obc_OM_Order_s_Central_cremylayer_etc.pdf (2) creamy layer clarifications dated 14.10.2004 are available as------ http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/36033_5_2004_01April2005.htm or http://www.obcguru.com/uploads/obc_creamy_layer_ct_maharashtra__14102004_in_Hindi_.pdf (3) format of application as-------- http://www.scribd.com/doc/3610800/OBC-Application-Form (4) 4.50 lakh OM http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/36033_3_2004-Estt%20(Res).pdf
Please go through the references in above documents respectively as given below----
(1) Rule II (B) Rule VI Explanation (i) of creamy layer criteria dt 8.9.93
(2) Para 10 creamy layer clarifications dated 14.10.2004
(3) Point No. 12 (B) & 12 (G) (i)
(4) Category VI Explanation in Revision of creamy layer income criteria OM dt 14.10.2008
(B) Regarding query Abhishek @ 19.04.2009 23:53 IST, There may be difference between the central & state creamy layer criteria. It is not necessary to adopt the creamy layer criteria issued for central 27% OBC reservation by central govt for a state govt for their OBC reservation. States have made their own criteria; which may be based on income only. That is why that state may ask to submit salary income details also. For your state’s certificate, you can enquire the procedure from any Tehsil of Tamilnadu.
However, it is very clear from the above documents/references i.e. from serial no. (1) to (4) that for central 27% OBC reservation salary income is never counted for a govt servant to determine creamy layer status. To get the central OBC certificate there is no need to submit the salary income certificate for a government servant. However they are asking for copies of three years income tax return to ascertain is their any business income and how much?
ruchi tripathy
@ 29.04.2009 00:07 IST
helllo.sir
for determination of creamy layer status of PSU EMPLOYEES SHOULD SALARY OF THAT INDIVIDUAL DO MAATER OR NOT.IF NOT MATTER THEN WHAT ARE THE OTHER CRITERIA FOR DETERMINATION OF CREAMY LAYER CRITERIA
helllo.sir
for determination of creamy layer status of PSU EMPLOYEES SHOULD SALARY OF THAT INDIVIDUAL DO MAATER OR NOT.IF NOT MATTER THEN WHAT ARE THE OTHER CRITERIA FOR DETERMINATION OF CREAMY LAYER CRITERIA
shailenbdra wagadre
@ 29.04.2009 23:29 ISTDear Ruchi tripathy, If the candidate applying to get reservation is a PSU employee his salary/status will not be counted to determine his creamy layer status. His creamy layer status will be determined on the basis of his parent’s (father-mother) status as per creamy layer criteria date 8.9.19930available on www.obcguru.com
ambika mathur
@ 30.04.2009 11:08 IST
helllo.sir my father is a psu employess and his salary is 4.4 lakhs per annum.for geeting an obc certificate should i submitted my father salary certificate to the issuing authgority..
helllo.sir my father is a psu employess and his salary is 4.4 lakhs per annum.for geeting an obc certificate should i submitted my father salary certificate to the issuing authgority..
shailenbdra wagadre
@ 01.05.2009 06:03 ISTambika mathur @ 30.04.2009 11:08 IST
helllo.sir my father is a psu employess and his salary is 4.4 lakhs per annum. for geeting an obc certificate should i submitted my father salary certificate to the issuing authgority..
Dear ambika mathur (A) As per Rule II C of Creamy Layer Criteria dated 08.09.1993 the Rule II A and II B will be applicable to determine the creamy layer status of son and daughter of PSU employees on equivalent and comparable basis. According to which only following are treated as creamy-layer.
(i) Parents, either of whom is a direct recruited group-A or Class-I officer. (Direct Recruitment)
(i) Parents, both of whom are group-B or Class-II officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B or Class-II officer and he gets into group-A at the age of 40 or earlier.
According to which you are a non-creamy layer candidate. In this case salary income will not be counted. or
(B) If it is not possible to prove equivalence or comparability of posts vis-à-vis posts in Government then the Rule VI (Rs. 4.50 lakhs annual income for three consecutive years) of Creamy Layer Criteria dated 08.09.1993 will be applicable to determine the creamy layer status of son and daughter of PSU employees. It is also given in Para-09 of Govt’s Creamy Layer Clarification dated 14.10.2004 “It is clarified that the creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-à-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.4.5 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.4.5 lakh per annum and income from other sources is also less than Rs.4.5 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.4.5 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.”
The annual income should be more than Rs. 4.50 lakhs for each year separately for creamy layer. According to which your son is a non-creamy layer candidate.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CASTE LIST, CERTIFICATE & APPLICATION FORMAT, 82000 SCHOLARSHIPs @ Rs. 1000/2000 per month for COLLEGE STUDENTS.
Jancy
@ 02.05.2009 11:53 ISTDear Sir,
I am unemployed. My husband joined as Lecturer (University) at 35 became Reader through Direct Recruitment at 43. The posts of Reader and above are considered equivalewnt to class I officer. To get into Reader's post, PhD and five years of teaching at the PG level as Lecturer is a must. However, a person with Ph D and eight years of service as Lecturer oculd get into Reader's post through the process of Career Advancement or Merit Promotion. My question is whether my daugter would fall under creamy layer or non-creamy layer. Since there is no clarification with regrard to direct recruitment anywhere, the authorities argue that since my husband became Reader by direct recruitment, (though it was after 40), my daugter can not be considered to fall under non-creamy layer. My understanding is that direct recruitment means initial or first recruitment and "getting into" should be taken either as direct or by promotion after the initial recruitment. This looks evident when one reads the GO (No.36033/5/2004-Estt.(Res.)
) concerning clarification of creamy layer, clause 7 in which it is said that children of whom only the husband is directly recruited class III/Group C or Class IV/Group D employeee and he gets into ClassI/Group A at the age of 40 or earlier, his children shall not be treated to be falling in creamy layer. Kindly clarify.
M.P. Kurup
@ 02.05.2009 14:15 ISTSir, I am a non resident keralite, who is with guj.state government as a NGO. I am belonging to OBC of kerala state. I would like to have a noncreamy layer certificate for my elder daughter who is doing her b.e. final year engineering degree. Being a non gujarati, gujarat revenue officer doesn't provciding the certificate. How can i get the same fromm kerala state.
A.M. Kurup
@ 02.05.2009 14:28 ISTDear Sir,
I am A.M. Kurup, completing my B.E(civil) from South Gujarat University. My father and mother both are belonging to Kerala and they are Kerala O.B.C. We are temp. settled here at Gujarat since last 20 years. My mother is house wife and father is a govt. employee (not Class I or Class II) our family income is not exceeding Rs. 2.5 lakhs. Being a Non Gujarat and Non resident Keralite, from where i have to collect a non creamy layer certificate. My father and mother both are studied in Kerala only. Please guide me to get a non-creamy layer certificate. Tks
M.Pushparaj
@ 02.05.2009 20:25 ISTDear sir,
Please refer No.36033/5/2004-Estt.(Res.) Government of India Ministry of Personnel, Public Grievances &Pensions Department of Personnel & Training
New Delhi ,dated :the 14thOctober,2004
4. v) Will the sons and daughters of parents of whom husband is directly recruited Class III/Group C or Class IV/ Group D employee and he gets into Class I/Group A at the age of 40 or earlier be treated to be falling in creamy layer?
Clarifications:
7. In regard to clause (v) of para 4, it is clarified that the sons and daughters of parents of whom only the husband is a directly recruited Class II/Group B officer who gets into Class I/Group A at the age of 40 or earlier are treated to be in creamy layer. If the father is directly recruited Class III/Group C or Class IV/Group D employee and he gets into Class I/Group A at the age of 40 or earlier, his sons and daughters shall not be treated to be falling in creamy layer.
Please clarify.
Will the sons and daughters of parents of whom husband (Father) is directly recruited Class II /Group B employee and he gets into Class I/Group A at the age of 41 or above (Annual salary income is above 4.5 Laks )and mother is unemployed be treated to be falling in creamy layer?
Thanks and Regards
M.Pushparaj
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98),
@ 04.05.2009 06:41 IST(1) Jancy, In my opinion your daughter must get non-creamy layer status. Point should be cleared from Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training New Delhi who are dealing with the reservation. Take the telephones from internet or send your email or ring me so I will give you the phones.
(2) M.P. Kurup & A.M. Kurup, It is better to get OBC certificate from Karla i.e. from your original state. However to get OBC certificate from present state the Govt. of India, Ministry of Welfare has issued Letter No.12011/11/94-BCC(C) dated 8th April, 1994 to all Chief Secretaries of all State Governments and UT Administrations regarding “Subject: Issuing of Other Backward Class Certificates to migrants from other States/UTs” (available on www.obcguru.com page 21 of 27% OBC RESERVATION (IN RECRUITMENT): O.M. DT 8-9-1993 {Pg-05} on OBC CENRAL GOVT PAGE http://www.obcguru.com/uploads/obc_OM_Order_s_Central_cremylayer_etc.pdf
(3) M.Pushparaj, The sons and daughters of parents of whom husband (Father) is directly recruited Class II /Group B employee and he gets into Class I/Group A at the age of 41 or above and mother is unemployed be treated as non-creamy layer candidate and will be eligible for OBC reservation. Salary income of a govt servant is never counted to determine creamy layer status. Salary may be 10 lakhs per annum no problem to get non-creamy layer certificate only post will be checked
(a) It is already clarified in para 10 of No.36033/5/2004-Estt.(Res.) Government of India Ministry of Personnel, Public Grievances &Pensions Department of Personnel & Training New Delhi ,dated :the 14thOctober,2004
(b) In rule-06 of creamy layer criteria dated 8.9.93 explanation is there that- (i) Income from salaries or agricultural land shall not be clubbed; (with income)
(c) There is no any column available in prescribed application to be submitted in Tehsil office to get OBC certificate. If any Tehsildar of India can show, where a govt employee has to show the salary income I will give him a “CASH AWARD”.
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
Ravindra T. Narkhede
@ 04.05.2009 11:50 ISTDear Sir,
My gross income is Rs.4.13 lacs and income after standard deduction is 3.13 lacs.
Which income is considered for creamy layer criteria?
Plese give me the correct criteria.
With Regards
R.T.Narkhede
M.Pushparaj
@ 04.05.2009 15:12 IST
Dear Mrs. Jancy
A Very clear definition issued by Government of Tamilnadu regarding
“ Promotion” and “Recruited Direct " is available on website www.tn.gov.in then click ‘Documents’ then click ‘P and AR Service rules’ then click ‘Tamilnadu state and subordinate services rules’ and then read Promotion and Recruited direct(Page number 6)
The following Tamilnadu State and Subordinate Services Rule (corrected up to 31st august, 2008) is reproduced
(5) “Commission” means the Tamil Nadu Public Service Commission;
Promotion
(13) “Promotion” means the appointment of a member of any category or grade of service or class of service to a higher category or grade of such service or class;
Recruited direct
(14) A candidate is said to be “recruited direct” to a service, class, category or post when, in case his first appointment thereto has to be made in consultation with the Commission, on the date of its notification inviting applications for the recruitment and in any other case, at the time of his first appointment thereto, he is not in the service of the Government of India or the Government of a State
-Provided that for the purposes of this definition a person shall be deemed to be not in the service of the Government of India or the Government of a State—
(i) If a period of five years has not elapsed since his first appointment to a service of the
Government of India or the Government of a State; or
(ii) If he belongs to the Scheduled Castes, Schedules Tribes or Backward Classes:
Classification of posts:
For Classification of posts click ‘Documents’ then click ‘P and AR Service rules’ then click ‘The Tamil Nadu Government Servants' Conduct Rules, 1973’ and then read Classification of posts (Page number 2)
The following Tamilnadu Government Servants' Conduct Rule, 1973 (corrected up to 3rd april, 2009) is reproduced
(3) "Government Servant" means any person appointed to any civil service or post in connection with the affairs of the State of Tamil Nadu.
*Explanation (1):- The Government servants holding posts in the Tamil Nadu State and Subordinated Services shall be classified as follows:-
Group-A: Government servants in posts on pay scales, the minimum of which is Rs.10,000/- and above.
Group-B: Government Servants in posts on pay scales, the minimum of which is Rs.5,500/- and above but below Rs.10,000/-.
Group-C: Government servants in posts on pay scales, the minimum of which is Rs.2,610/- and above but below Rs.5,500/-
Group-D: Government servants in posts on pay scales, the minimum of which is below Rs.2,610/-
The Selection Grade or Special Grade posts shall come under the respective Groups under which the posts in the ordinary grades are classified;
• [Inserted in G.O.Ms.No.90. P&AR (A) Dept. dt. 13-5-99].
Dear Mrs. Jancy
A Very clear definition issued by Government of Tamilnadu regarding
“ Promotion” and “Recruited Direct " is available on website www.tn.gov.in then click ‘Documents’ then click ‘P and AR Service rules’ then click ‘Tamilnadu state and subordinate services rules’ and then read Promotion and Recruited direct(Page number 6)
The following Tamilnadu State and Subordinate Services Rule (corrected up to 31st august, 2008) is reproduced
(5) “Commission” means the Tamil Nadu Public Service Commission;
Promotion
(13) “Promotion” means the appointment of a member of any category or grade of service or class of service to a higher category or grade of such service or class;
Recruited direct
(14) A candidate is said to be “recruited direct” to a service, class, category or post when, in case his first appointment thereto has to be made in consultation with the Commission, on the date of its notification inviting applications for the recruitment and in any other case, at the time of his first appointment thereto, he is not in the service of the Government of India or the Government of a State
-Provided that for the purposes of this definition a person shall be deemed to be not in the service of the Government of India or the Government of a State—
(i) If a period of five years has not elapsed since his first appointment to a service of the
Government of India or the Government of a State; or
(ii) If he belongs to the Scheduled Castes, Schedules Tribes or Backward Classes:
Classification of posts:
For Classification of posts click ‘Documents’ then click ‘P and AR Service rules’ then click ‘The Tamil Nadu Government Servants' Conduct Rules, 1973’ and then read Classification of posts (Page number 2)
The following Tamilnadu Government Servants' Conduct Rule, 1973 (corrected up to 3rd april, 2009) is reproduced
(3) "Government Servant" means any person appointed to any civil service or post in connection with the affairs of the State of Tamil Nadu.
*Explanation (1):- The Government servants holding posts in the Tamil Nadu State and Subordinated Services shall be classified as follows:-
Group-A: Government servants in posts on pay scales, the minimum of which is Rs.10,000/- and above.
Group-B: Government Servants in posts on pay scales, the minimum of which is Rs.5,500/- and above but below Rs.10,000/-.
Group-C: Government servants in posts on pay scales, the minimum of which is Rs.2,610/- and above but below Rs.5,500/-
Group-D: Government servants in posts on pay scales, the minimum of which is below Rs.2,610/-
The Selection Grade or Special Grade posts shall come under the respective Groups under which the posts in the ordinary grades are classified;
• [Inserted in G.O.Ms.No.90. P&AR (A) Dept. dt. 13-5-99].
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98),
@ 07.05.2009 08:30 ISTDear Ravindra T. Narkhede, The creamy layer status of a Govt servant is always checked/determined by prent’s ‘post-held’ and never by salary income. See creamy layer criteria DT 08.09.1993 and creamy clarifications DT 14.10.04 issued by DOPT GoI available on www.obcguru.com. As per ministry of human recourses and development GOI only basic pay is counted as annual income (see NB (4) (a) schedule to income affidavit with central sector scholarship aaplicacation available on www.obcguru.com) N.B. (4) Income for the purpose of Means Test is defined as under:- (a) In the case of salaried class, basic pay plus income if any form other sources and would not include allowance like Dearness Allowance, City Compensatory Allowance SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
shilpa parida
@ 09.05.2009 00:55 IST
my father is a psu employes and his monthly salary is 38000 including all the allowances and his basic salary is 25400.when i have to submit income certificate which salary should i calculate basic or completed salary including all allowances
my father is a psu employes and his monthly salary is 38000 including all the allowances and his basic salary is 25400.when i have to submit income certificate which salary should i calculate basic or completed salary including all allowances
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98),
@ 10.05.2009 07:34 ISTDear shilpa parida @ 09.05.2009 00:55 IST
(1) As per Rule II C of Central Creamy Layer Criteria dated 08.09.1993 the Rule II A and II B will be applicable to determine the creamy layer status of son and daughter of PSU employees on equivalent and comparable basis. According to which only following post holders are treated as creamy-layer.
(i) Parents, either of whom is a direct recruited group-A or Class-I officer. (Direct Recruitment)
(i) Parents, both of whom are group-B or Class-II officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B or Class-II officer and he gets into group-A at the age of 40 or earlier.
According to which you are a non-creamy layer candidate. In this case salary income will not be counted and creamy layer is to be checked by ‘POST HELD” or
(2) If it is not possible to prove equivalence or comparability of posts vis-à-vis posts in Government then the Rule VI (Rs. 4.50 lakhs annual income for three consecutive years) of Creamy Layer Criteria dated 08.09.1993 will be applicable to determine the creamy layer status of son and daughter of PSU employees. It is also given in Para-09 of Govt’s Creamy Layer Clarification dated 14.10.2004 “It is clarified that the creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-à-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.4.5 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.4.5 lakh per annum and income from other sources is also less than Rs.4.5 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.4.5 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.”
The annual income should be more than Rs. 4.50 lakhs for each year separately for creamy layer.
(3) As per ministry of human recourses and development GOI for scholarship purpose only basic pay is counted as annual income (see NB (4) (a) schedule to income affidavit with central sector scholarship application available on www.obcguru.com) N.B. (4) Income for the purpose of Means Test is defined as under:- (a) In the case of salaried class, basic pay plus income if any form other sources and would not include allowance like Dearness Allowance, City Compensatory Allowance. On the basis of this you can try for the OBC certificate.
You can phone me. 09425003700 or 07146277477 (R)
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CASTE LIST, CERTIFICATE & APPLICATION FORMAT, 82000 SCHOLARSHIPs @ Rs. 1000/2000 per month for COLLEGE STUDENTS.
Ravindra T. Narkhede
@ 11.05.2009 12:31 ISTDear Sir,
I am residing in Raigad district of Maharashtra. I have applied for non-creamy layer certifiactes required for IIT admission.
But the tahsil office formats are different from the IIT format.
They are ready to give certificates in their format. Pls, guide me and to whom I should contact in Maharashtra.
Regards,
R.T.Narkhede
ruchi panda
@ 11.05.2009 20:28 IST
my father is working in lic a PSU COMPANY .HE IS IN THE CLASS ONE BRACKET AT THE AGE OF 42.HIS SALARY IS 4.51 LAKHS PER ANNUM NOW.BUT THE LAST THREE YEAR HIS SALARY IS 4.24 4.35 4.51..SHOULD I BELONG TO CREAMY LAYER.AND WHEN I CALACULATE THE CRAEMY LAYER CRITERIA FOR PSU EMPLOYEES AND WHAT IS GIVEN IN NCBC WEBSITE FOR CENTRAL GOVERMENT EMPLOYYES.SHOLD THAT RULE IS COMPLETELY APPLICABLE TO PSU EMPLOYEES TOO IN LIC WHERE MY FATHER IS DOING JOB THEY DONT HAVE THE SAME CRITERIA FOR PROMOTION AND CADRE AS EQUAL TO CENTAL GOVERMENT EMPLOYEES.SO KINDLY CLEAR MY DOUBS
my father is working in lic a PSU COMPANY .HE IS IN THE CLASS ONE BRACKET AT THE AGE OF 42.HIS SALARY IS 4.51 LAKHS PER ANNUM NOW.BUT THE LAST THREE YEAR HIS SALARY IS 4.24 4.35 4.51..SHOULD I BELONG TO CREAMY LAYER.AND WHEN I CALACULATE THE CRAEMY LAYER CRITERIA FOR PSU EMPLOYEES AND WHAT IS GIVEN IN NCBC WEBSITE FOR CENTRAL GOVERMENT EMPLOYYES.SHOLD THAT RULE IS COMPLETELY APPLICABLE TO PSU EMPLOYEES TOO IN LIC WHERE MY FATHER IS DOING JOB THEY DONT HAVE THE SAME CRITERIA FOR PROMOTION AND CADRE AS EQUAL TO CENTAL GOVERMENT EMPLOYEES.SO KINDLY CLEAR MY DOUBS
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98),
@ 12.05.2009 22:03 ISTDear R.T.Narkhede, There are two caste certificate formats everywhere
(1) State format- For state’s OBC reservations in recruitment, admission etc.
(2) Central format- For central’s OBC reservations in recruitment, admission etc.
They might be issuing you the certificate in State format. But the Central format is not a new format it is being issued by all Tehsildar of India since 16 years. The Govt of India has prescribed this Central format vide OM date 15.11.1993 and instructed all State Govt to issue the certificate in this format. Available on www.obcguru.com as COMPETENT OFFICERS TO ISSUE CENTRAL OBC CERTIFICATE 15.11.93 {Pg-19} -
http://www.obcguru.com/uploads/obc_OM_Order_s_Central_cremylayer_etc.pdf
The format for recruitment or admission is same. Normally the authorities are issuing the OBC certificate in State format first than on same day they issue the OBC certificate in Central format. To resolve the problem you can contact their higher officers up to Collector.
Dear ruchi panda, You are a non-creamy layer candidate. The central criteria dated 8.9.93 is applicable everywhere.
(1) As per Rule II C of Central Creamy Layer Criteria dated 08.09.1993 the Rule II A and II B will be applicable to determine the creamy layer status of son and daughter of PSU employees on equivalent and comparable basis. According to which only following post holders are treated as creamy-layer.
(i) Parents, either of whom is a direct recruited group-A or Class-I officer. (Direct Recruitment)
(i) Parents, both of whom are group-B or Class-II officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a group-B or Class-II officer and he gets into group-A at the age of 40 or earlier.
According to which you are a non-creamy layer candidate. In this case salary income will not be counted and creamy layer is to be checked by ‘POST HELD” or
(2) If it is not possible to prove equivalence or comparability of posts vis-à-vis posts in Government then the Rule VI (Rs. 4.50 lakhs annual income for three consecutive years) of Creamy Layer Criteria dated 08.09.1993 will be applicable to determine the creamy layer status of son and daughter of PSU employees. It is also given in Para-09 of Govt’s Creamy Layer Clarification dated 14.10.2004 “It is clarified that the creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-à-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.4.5 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.4.5 lakh per annum and income from other sources is also less than Rs.4.5 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.4.5 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.”
ruchi panda
@ 13.05.2009 15:33 IST
sir when i applied for obc non creamy layer certificate should i have to submitted the salary certificate of my father and from where should i get the salary certificate.and you have told the above 4 criteria in my previous inqury other than that all the people are non creamy layer and.is it applicable to both psu and centarl gov employess equivalently
sir when i applied for obc non creamy layer certificate should i have to submitted the salary certificate of my father and from where should i get the salary certificate.and you have told the above 4 criteria in my previous inqury other than that all the people are non creamy layer and.is it applicable to both psu and centarl gov employess equivalently
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 13.05.2009 23:03 ISTDear ruchi panda, If it is not possible to prove equivalence or comparability of posts vis-à-vis posts in Government then only the annual salary income certificate is required. You can get the annual salary income certificate from your father’s department. The central criteria dated 8.9.93 is applicable for psu and central govt employees equivalently which is written in Rule II (c) of central criteria dated 8.9.93.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
Lal
@ 20.05.2009 17:21 ISTDear Sir,
Me and my wife works for MNC and are getting 3.52 and 2.2 Lakhs as Gross Pay(CTC including Basic and Flexible Benefit Plan).My father was a group II officer(who died in service 11 years back) and my mother is a govt employee(group 3).
Am I eligible for non creamy layer certificate.
I see that there is an income limit for Category IV (http://ncbc.nic.in/html/creamylayer.htm).
Regards
Lal
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 21.05.2009 06:27 ISTDear Lal,
(1) As per Central Govt creamy layer criteria dated8.9.1993 candidate’s creamy layer status is always determined by parent’s (father, mother) status and never by status of self or husband or spouse. Hence your creamy layer status will be determined only by your parent’s (father, mother) status and your income will never be counted. This reservation facility is actually based on “what status a father-mother has given to a child since his/her birth”.
(2) EVEN THERE IS NO NEED TO LEAVE THE JOB FOR A CANDIDATE TO BECOME A NON-CREAMY LAYER FOR RESERVATION.
(3) Each clause of creamy layer criteria DT 08.09.1993 says that “SONS & DAUGHTERS OF SO & SO………….” will be treated as creamy layer. Means candidate’s creamy layer status is always determined by parent’s (father, mother) status.
(4) Para 08 of creamy clarifications DT 14.10.04 issued by DOPT GoI clearly speaks that: - “8. Creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.”
(5) The central govt already revised the Rs. 2.50 lakhs limit to Rs. 4.50 lakhs. This income should be more than 4.50 lakhs for all (every) the three consecutive year separately to declare a candidate creamy-layer.
Hence your salary income will never be added to determine your creamy layer status even you earn crores of Rupees per year. (6) The Central Govt Creamy Layer Criteria dated 08.09.1993 says that son or daughter of following “government employees” will be treated as creamy-layer.
(i) Parents, either of whom is a Class-I/group-A officer. (Direct Recruitment)
(i) Parents, both of whom are Class-II/group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a Class-II/group-B officer and he gets into group-A at the age of 40 or earlier.
In your case your father was a Group-B officer and you mother is Group -III (Group-C/Class-III) employee hence forever you are a non-creamy layer candidate even then you earn crores of rupees.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL
Kumar gaurav
@ 04.06.2009 14:56 ISTDear sir,
My father income is below 1 lakh and i was availing OBC certificate erliar now i am working as executive in private company and my CTC is 4 lakh can i avail OBC reservation in PSU company as Non cremay layer OBC.
Plz suggest me ...thanx in advance
kumar gaurav
@ 04.06.2009 14:58 ISTDear sir,
My father income is below 1 lakh and i was availing OBC certificate erliar ,now i am working as executive in private company and my CTC is 4 lakh. can i avail OBC reservation in PSU company as Non cremay layer OBC.
Plz suggest me ...thanx in advance
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 04.06.2009 21:44 ISTDear kumar gaurav,
(1) As per Central Govt creamy layer criteria dated8.9.1993 candidate’s creamy layer status is always determined by parent’s (father, mother) status and never by status of self or husband or spouse. Hence your creamy layer status will be determined only by your parent’s (father, mother) status and your income will never be counted. This reservation facility is actually based on “what status a father-mother has given to a child since his/her birth”.
(2) EVEN THERE IS NO NEED TO LEAVE THE JOB FOR A CANDIDATE TO BECOME A NON-CREAMY LAYER FOR RESERVATION.
(3) Each clause of creamy layer criteria DT 08.09.1993 says that “SONS & DAUGHTERS OF SO & SO………….” will be treated as creamy layer. Means candidate’s creamy layer status is always determined by parent’s (father, mother) status.
(4) Para 08 of creamy clarifications DT 14.10.04 issued by DOPT GoI clearly speaks that: - “8. Creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.”
(5) The central govt already revised the Rs. 2.50 lakhs limit to Rs. 4.50 lakhs. This income should be more than 4.50 lakhs for all (every) the three consecutive year separately to declare a candidate creamy-layer.
Hence your salary income will never be added to determine your creamy layer status even you earn crores of Rupees per year. You are still a noncreamylayer candidate and can avail any reservation.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT
Sujal Patil
@ 14.06.2009 13:23 ISTI am working in PSU sector, when I joined corporation, i was recruited in B group (.) Now I have completed 41 years and have been elevated in Group A i.e. other than lowest rung (.) Will my daughter be eligible to obtain a non-cremany layer certificate from SDO?
dr.g.s.narkar
@ 14.06.2009 15:46 ISTi m non-creamy layer obc.my age is 33yrs.there is advt of one post for OPEN category.the age limit for OPEN category is 33 yrs.can i avail the age relaxation for OBC though the post is for OPEN category?is there any govt resolution(G.R.)for M.S.govt regarding age relaxation for obcs though the posts are for OPEN category?
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 20.06.2009 06:50 ISTDear Sujal Patil.
Please refer answer given to Shilpa parida on 10.05.2009
M A Rasheed
@ 25.06.2009 00:27 ISTsir,
I want to know whether the reservations given by andhra pradesh state govt. to the muslims under the heading of obc-e is applicable for the admissions in nitw or not.Further is there any part of reservations for muslims in other nits of our country?
hoping ahelping hand coming forward.
your's truly
rasheed
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 25.06.2009 06:33 ISTMear M A Rasheed, So many Muslim castes are included in central list of OBCs and they will definitely benefited by OBC reservation in NITs.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT
arun r
@ 30.06.2009 15:04 ISTsir,
my father is an engineer in PSU(not a Class-I/group-A officer).his basic salary is 30,270 and net salary is about 42,000(per month).which salary should be used to calculate the annual income?there are no other sources of income.can i avail non creamy layer OBC reservation for jobs in PSU/banks?
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 01.07.2009 06:27 ISTDear Arun R, Please read the answer given above to Shilpa parida on 09.05.2009 at 00:55 IST. According to which you are a non-creamy layer and eligible for OBC reservation in jobs.
Vipul
@ 01.07.2009 16:56 ISTI have a OBC certificate which states that I do not belong to creamy layer. I got the certificate in the year 2001. Do I need to get a new certificate stating my Non Creamy layer status as I have seen a lot of institutions/colleges asking for a "LATEST" OBC Certificate.
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 01.07.2009 21:42 ISTYes you need a new certificate as the validity of OBC certificate is one year only. See O.M. dated 25.07.2003
regarding VALIDITY, OBC CASTE & CREAMY LAYER CERTIFICATE available at www.obcguru.com (OBC CENTRA GOVT PAGE)
Chetana Varia
@ 08.08.2009 12:35 ISTSir, I belong to Gujarat. VARIA cast is considered under OBC category. My father is working in a state level Co-operative Federation (which not a Government/Semi Government Organization). There is no other income in our family except my father’s Salary Income. His annual income from salaries is around 6.5 lacs. Can I avail benefits available under non creamy layer of OBC category? Please advise.
Chetana Varia
@ 08.08.2009 12:37 ISTSir, I belong to Gujarat. VARIA cast is considered under OBC category. My father is working in a state level Co-operative Federation (which not a Government/Semi Government Organization). There is no other income in our family except my father’s Salary Income. His annual income from salaries is around 6.5 lacs. Can I avail benefits available under non creamy layer of OBC category? Please advise.
shailendra wagadre
@ 12.08.2009 11:12 ISTChetana Varia, Please see Rule No. II C of central creamy layer criteria dated 8.9.1993. If you are able to prove equivalence or comparability of the post with the central/state government then only on the basis of Rule II A and II B of central creamy layer criteria dated 8.9.1993 you can check your eligibility. Then salary income does not matter.
bandana panda
@ 14.08.2009 19:56 IST
helllo.
i am an obc candidate but i dont know how can we define the equivalce and comparative post for psu employees incompared with central goverment employees.and from where i gets the neceessary information.is it from the office of the employess or somewhere else its really very confusing .my father is working in a psu insurance company and his salary is now nearly 5 lakhs ruppes per annum and he is not a direct recurement officer he joined the office as a class thre employees and he gets into the class one category at the age of 42. should i get a craemy layer certificate .
helllo.
i am an obc candidate but i dont know how can we define the equivalce and comparative post for psu employees incompared with central goverment employees.and from where i gets the neceessary information.is it from the office of the employess or somewhere else its really very confusing .my father is working in a psu insurance company and his salary is now nearly 5 lakhs ruppes per annum and he is not a direct recurement officer he joined the office as a class thre employees and he gets into the class one category at the age of 42. should i get a craemy layer certificate .
shailendra wagadre
@ 15.08.2009 18:20 ISTdear bandana panda, As your father is a class three recruited employee question does not arise to be fall in creamy layer. See para 07 of Creamy layer clarification dated 14.10.2004 which says that------ In regard to clause (v) of para 4, it is clarified that the sons and daughters of parents of whom only the husband is a directly recruited Class II/Group B officer who gets into Class I/Group A at the age of 40 or earlier are treated to be in creamy layer. If the father is directly recruited Class III/Group C or Class IV/Group D employee and he gets into Class I/Group A at the age of 40 or earlier, his sons and daughters shall not be treated to be falling in creamy layer.
lila mishra
@ 17.08.2009 17:06 IST
helllo.
i am an obc candidate but i dont know how can we define the equivalce and comparative post for psu employees incompared with central goverment employees.and from where i gets the neceessary information.is it from the office of the employess or somewhere else its really very confusing .my father is working in a psu insurance company and his salary is now nearly 5 lakhs ruppes per annum and he is not a direct recurement officer he joined the office as a class thre employees and he gets into the class one category at the age of 42. should i get a non craemy layer certificate .
helllo.
i am an obc candidate but i dont know how can we define the equivalce and comparative post for psu employees incompared with central goverment employees.and from where i gets the neceessary information.is it from the office of the employess or somewhere else its really very confusing .my father is working in a psu insurance company and his salary is now nearly 5 lakhs ruppes per annum and he is not a direct recurement officer he joined the office as a class thre employees and he gets into the class one category at the age of 42. should i get a non craemy layer certificate .
Akash
@ 18.08.2009 11:01 ISTHi,
I belong to one of the OBC caste. My father was direct recruit class II state govt employee. He retired in 2005. And before retirement his salary was just more than 2.5 lakhs for last 2 years. Now he is getting close to 1.55 lakhs per year as pension. I am also working as an employee of one of the private company and my total salary per annum is almost 3.5 lakhs. Please tell me do i belong to creamy layer or not? Thanks
Akash
@ 18.08.2009 11:04 ISTHi, Just to add some info in my previous comment. My father got promoted to class I after 8 years of his joining.
Dindayal
@ 21.08.2009 10:31 ISTDear Sir,
My father is directly recruited class II state govt employee. He got promoted in class I at the age of 36 years but my mother is unemployed.My father retired in 2004 and his income was little more than 2.5 lakhs for last 4 years.But now the govt has revised the limit to 4.5 lakhs. Please advice me can i get obc reservation?
Thanks,
Dindayal
GAJADHAR MAHATO
@ 21.08.2009 21:02 ISTDear sir,
I am B.Tech Final Yr student.Sir,It's just because of your helpful guidance,I got my OBC(non creamy layer) certificate.
"THANKS A LOT SIR"
WITH REGARD
GAJADHAR MAHATO
shailendra wagadre
@ 22.08.2009 07:45 ISTLila Mishra, We define the equivalence and comparative post for psu employees in compared with central government employees by pay scales. It is to be decided by the certificate issuing authority on the basis of records produced by you in support. BUT IN YOUR CASE THERE IS NO NEED TO DEFINE ANY THING AS YOUR FATHER WAS RECRUITED AS CLASS III you are a forever non creamy layer candidate. Regarding this please refer Para 7. of creamy layer clarifications dated 14.10.2004 which says that------“In regard to clause (v) of Para 4, it is clarified that the sons and daughters of parents of whom only the husband is a directly recruited Class II/Group B officer who gets into Class I/Group A at the age of 40 or earlier are treated to be in creamy layer. If the father is directly recruited Class III/Group C or Class IV/Group D employee and he gets into Class I/Group A at the age of 40 or earlier, his sons and daughters shall not be treated to be falling in creamy layer.”
Dear AKASH & DINDAYAL, Please refer Para no. 6 of creamy layer clarifications dated 14.10.2004 regarding “retirement of parents from service” and proceed accordingly. Also refer Para no. 8 of creamy layer clarification dated 14.10.2004 and answer given above to Mr. LAL on dated 1.05.2009 at 06:27 IST regarding that “the candidate’s income/status is never added to determine creamy layer status”.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
Vbsk
@ 24.08.2009 11:07 ISTSir ,
How can I determine if my Dad (who is in a PSU) is a Class I Officer or not ?
I would like to know the scale or the post which is considered as Class I in case of PSUs.
Plz help
shailendra wagadre
@ 25.08.2009 07:48 ISTThis is to be assessed on equivalent and comparable basis to central or state government. If your father is a direct class III recruited than no need to assess it, you are a non-creamy layer candidate.
Lila Mishra
@ 28.08.2009 19:36 IST
should i provide my father salary certificate when i appleid for obc certificate or not.
should i provide my father salary certificate when i appleid for obc certificate or not.
shailendra wagadre All India General Secretary APAAX, VISIT WWW.OBCGURU.COM FOR OBC CIRCUILARS
@ 29.08.2009 05:56 ISTLila mishra,(1) Candidate’s creamy layer status is always determined by parent’s (father, mother) status and never by status of self or husband or spouse. Hence your creamy layer status will be determined only by your parent’s (father, mother) status and your income will never be counted. This reservation facility is actually based on “what status a father-mother has given to a child since his/herbirth”.
(2) EVEN THERE IS NO NEED TO LEAVE THE JOB FOR A CANDIDATE TO BECOME A NON-CREAMY LAYER FOR RESERVATION.
(3) Each clause of creamy layer criteria DT 08.09.1993 says that “SONS & DAUGHTERS OF SO & SO...........” will be treated as creamy layer. Means candidate’s creamy layer status is always determined by parent’s (father, mother) status.
(4) Para 08 of creamy clarifications DT 14.10.04 issued by DOPT GoI clearly speaks that: - “8. Creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.”
BInod kumar
@ 02.09.2009 19:29 ISTI am working as an executive engineer in PSU. MY income is more than 4.5 lac but my parents income is less than 1 lac. Do i belong to under creamy layer? can i avail OBC resevation in CIVIL services exam?
shailendra wagadre All India General Secretary APAAX, VISIT WWW.OBCGURU.COM FOR OBC CIRCUILARS
@ 04.09.2009 21:51 ISTDear Binod kumar(1) Candidate’s creamy layer status is always determined by parent’s (father, mother) status and never by status of self or husband or spouse. Hence your creamy layer status will be determined only by your parent’s (father, mother) status and your income will never be counted. This reservation facility is actually based on “what status a father-mother has given to a child since his/herbirth”.
(2) EVEN THERE IS NO NEED TO LEAVE THE JOB FOR A CANDIDATE TO BECOME A NON-CREAMY LAYER FOR RESERVATION.
(3) Each clause of creamy layer criteria DT 08.09.1993 says that “SONS & DAUGHTERS OF SO & SO...........” will be treated as creamy layer. Means candidate’s creamy layer status is always determined by parent’s (father, mother) status.
(4) Para 08 of creamy clarifications DT 14.10.04 issued by DOPT GoI clearly speaks that: - “8. Creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.You are a non-creamy layer candidate? You can avail OBC resevation in CIVIL services exam?
Muthukumar
@ 08.09.2009 01:49 ISTDear sir,
First of all, let me thank you for your wonderful service to the OBC community. I am Muthukumar, working as a software engineer, earning around 3.8 lakhs per annum. I would like to apply to the IIMs under the OBC non creamy layer reservation. I visited the website "Ministry of Personnel, Public Grievances and Pensions and checked "CIrculat No.36033/5/2004-Estt.(Res.) 14/10/2004". From this i came to know that my income will not be accounted for issuing the OBC non creamy layer certificate.
In the same circular i have also noticed one more point stating
6. In regard to clause (iv) of para 4, it is clarified that sons and daughters of parents who are included in the creamy layer on the basis of service status of their parents shall continue to be treated in creamy layer even if their parents have retired or have died after retirement.
I got confused with this. Could you please clarify my queries in this regard? Here is my information.
My father and mother worked as 'secondary grade teachers' in the Govt aided schools in tamilnadu. My mother got retired in 2006 and my father got retired in 2007. Now they are receiving Rs.16000 per month, together as pension. I would like to know which class / grade they came into? With this, Will i be able to apply for the OBC non creamy layer certificate.
Before retiring in 2007, my father's salary was 18000 per month. My mother was receiving 15750 per month before retiring in 2006. If i take this into account with 2.5 lakh limit(cremy layer limit in 2007 as announced in 2004), i will fall into creamy layer in 2007(the time when my parents retired). If the GO i have stated above, means that i have to continue with the creamy layer status of mine as in 2007, Will i be eligible for getting the OBC non creamy layer certificate with the revision(4.5Lakh) announced in october 2008 by the the Govt. of. India?
Overall, my query is - Am i eligible for getting the OBC non creamy layer reservation as per the Govt of India norms? An early reponse would help me a lot in this regard. Thanks a lot.
Regards,
Muthukumar
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 08.09.2009 06:39 ISTDear Muthukumar
The Rule II [A (b), B (a) & B (b)] of Central Govt Creamy Layer Criteria dated 08.09.1993 says that only the son or daughter of following “government/psu employees” will be treated as creamy-layer.
(i) Parents, either of whom is a Class-I/group-A officer. (Direct Recruitment)
(i) Parents, both of whom are Class-II/group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a Class-II/group-B officer and he gets into group-A at the age of 40 or earlier.
The clarification 6 of 14.10.2004 you read connected to this rule only. Here the meaning of “service status” is “post held” and not the income from salary.
You can read the clarification 6 of 14.10.2004 in following manner--------
6. In regard to clause (iv) of Para 4, it is clarified that sons and daughters of parents who are included in the creamy layer on the basis of POST HELD (service status) of their parents shall continue to be treated in creamy layer even if their parents have retired or have died after retirement.
If you assess the creamy layer status by income, criteria on the basis of salary then it should be of last three consecutive years only, which is clarified in Para 6 of clarification 14.10.2004. In this case, 4.50 limit will be applicable on pension or may be zero income of the parents.
In your case, your father & mother were Class-III employees and retired, hence you are a non-creamy layer candidate.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
nimkar nandkishor ramdas
@ 19.09.2009 21:01 ISTi m5o yrs old obc.i got obc crtificate for my daughter from thane collector office dtd.30-6-2008. i m working in cidco a maharashtra govt psu as ex. engineer.the present post i got at my age 48.i entered in this psu in 1991 as dy.engineer.as i know our post r not gazzated.my salary income of 08-09 is gross rs.4.2 lakhs.no other income.my queries r as under...
nimkar nandkishor
@ 19.09.2009 21:09 IST1)whether obc cert is valid for my daughter for iitjee ? 2)what income gross or taxable shall b considered for income criteria ? 3)whether i m non creamy layer obc ? 4)whether i will get non creamy layer status being not working or selected as class 1 or class 2 category and eqivalace of posts is not determined ? please reply soon.
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 20.09.2009 05:57 ISTDear Nimkar Nandkishore,
Ans. (1) Yes you can avail OBC reservation in IITJEE but by taking a separate OBC certificate in central govt OBC Profarma.
(2) If you go through the income criteria the income should be more than 4.50 lakh for each year separately for last three consecutive years. It may be gross income.
(3) You are daughter is a non-creamy layer.
(4) You will get non-creamy layer status. Equivalence will be decided by the certificate authority.
Kindly go (thoughrolwly) through the creamy layer criteria dated 08.09.1993, Creamy layer clarification ns dated 14.10.2004, 4.50 lakhs OM dated 14.10.2008 etc. for more info.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
Sareena
@ 22.09.2009 09:43 ISTDear sir,
I am an obc candidate.My father is a retired cent.government employee and was a class-2 B officer at the time of retirement.He was promoted to the post of class-2 only after the age of 42 when in service.My mother is a homemaker and has an inherited property of 40 cents with a commercial building which yields a rent of Rs.1,55,000/-per annum and is filing return to the income tax.My father gets a pension of Rs.1,31,000/-Altogether my parents annual income will come only Rs.2,86,000/-.Theres no other income,property,land or "own house" for my family.While applying for non-creamy layer certificate ,the village-officer estimated the approximate value of my mother's commercial building as 1.crore.But the income-yield from this land (building)is only Rs.1,31,000 and nothing more from this inherited property.This is the only property we have and "income-tax" department never asked to pay "wealth tax" to the above even if my mother was an assesee.So we have not paid any "wealth tax". Am i eligible to get a non-creamy layer certificate.Please and kindly answer at the earliest.
Thanking you
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 22.09.2009 22:23 ISTDear Sareena,
Section 2(ea) Wealth Tax Act, 1957](ea)
“assets”, in relation to the assessment year commencing on the 1st day of April, 1993, or any subsequent assessment year, means—
(i) any building or land appurtenant thereto (hereinafter referred to as “house”), whether used for residential or commercial purposes or for the purpose of maintaining a guest house or otherwise including a farm house situated within twenty-five kilometers from local limits of any municipality (whether known as Municipality, Municipal Corporation or by any other name) or a Cantonment Board, but does not include—(1) a house meant exclusively for residential purposes and which is allotted by a company to an employee or an officer or a director who is in whole-time employment, having a gross annual salary of less than five lakh rupees;
(2)any house for residential or commercial purposes which forms part of stock-in-trade;
(3)any house which the assessee may occupy for the purposes of any business or profession carried on by him;
(4) any residential property that has been let-out for a minimum period of three hundred days in the previous year;
(5)any property in the nature of commercial establishments or complexes
Whether above (5) will give you any relief?
Sareena
@ 22.09.2009 23:15 ISTDear sir,
Sir I would like to ask one more question sir,when My mother's commercial building is rented for shops and offices for Rs.1,55,000/-and the "rate of land with building is estimated as 1.crore.Do i fall in the creamy layer?
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 23.09.2009 06:10 ISTKindly consult any income tax layer, if the cost of land with building rented for shops and offices is exempted from wealth tax act, you are a non-creamy layer candidates.
Sareena
@ 24.09.2009 23:42 IST
dear sir,
There was so much of confusion as the village officer themselves do not know the rules..As you have said ,we clarified it from our charterd accountant and the land with building rented for shops is exempted from wealth tax.I am a non creamy layer candidate.Thank you sir for the valueble information
dear sir,
There was so much of confusion as the village officer themselves do not know the rules..As you have said ,we clarified it from our charterd accountant and the land with building rented for shops is exempted from wealth tax.I am a non creamy layer candidate.Thank you sir for the valueble information
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 25.09.2009 07:20 ISTDear Sareena, You can put of all the photocopies of relevant rules before them. You can discuss the matter with their higher officers. After getting rejection of application in writing you can proceed to High Court.
nimkar n r
@ 28.09.2009 20:05 ISTthank you for your immediate response!!! we have apllied for the required doc and will let you know for further enquires. THANKS A LOT!!!!
Anil Gandhi
@ 03.10.2009 16:40 ISTDear Sir
I am a 22 years old OBC candidate from Gujarat.My father and mother's total income from business is Rs.2,10,000 pa .My brother's age is 31, married, working with Pvt. bank and also he is a Chartered Accountant.His income is 13,00,000 pa. My brother does not live with us.He stays in Mumbai with his family.
I wish to issue a non-creamy layer certificate for my post graduate studies after MBBS.
So my questions are-
1) Am I an eligible candidate for getting the non-creamy layer certificate?
2) What is the definition of family as per indian goverment & gujarat goverment rules?
3) Is my elder brother included in my father's family & can his income be clubbed in the family income?
4) Inspite of my brother being chartered accontant am i eligible for getting the non-creamy layer certificate?
5) And would the gujarat goverment be giving me the NCL / OBC certificate according to the indian goverment rules or it has different rules?
yours faithfully,
Anil Gandhi
Anil Gandhi
@ 03.10.2009 23:02 ISTRespected sir,
First of all 3 cheers for you for doing such a wonderful job for us.
Its a continuation of the above comment by me.
According to the guj govt. one of the clause in the affidavit says that-
#only those person would be issued a NCL certificate in whose family viz.mother-father & children , any one of them are not at any post in the central or state goverment
and the other clause says-
#only those person would be issued the NCL certificate in whose family no one is a doctor,engineer,lawyer,CA,architect,media person or income tax advisor.
As for your information , my brother is a Chartered Accountant.
So what should I interpret from these 2 clauses about the definition of a family?
I have a gujarati language application form for the OBC/NCL certificate.So in case you need to study the form i will send you.But for that you need to send me your postal address or i can mail you a scanned copy here.
Thanking you.
Anil Gandhi.
karthik
@ 06.10.2009 19:20 ISTDear sir,
I am an OBC candidate. My father is working as an central government employee working as an tradesman in 'nuclear fuel complex' Dept of Atomic Energy.
My father is not an officer. His annual income is 3,60,000. This is after the 6th pay commission recently introduced. Will i come under creamy layer or non creamy layer? And where can i possibly get the central government OBC certificate from in Andhrapradesh?
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 07.10.2009 06:31 ISTDear KarthikDulam,You are a non-creamy layer candidate. Kindly refer (i) Rule II of creamy layer criteria 08.09.1993 (ii) Para 10 of creamy layer clarification 14.10.2004 (iii) Note given in 4.50 lakh OM 14.10.2008 and (iv) Income column (G) of application form to get OBC certificate. The list of competent officer to issue OBC certificate is given in www.obcguru.com.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
Anil Gandhi
@ 09.10.2009 16:08 ISTDear sir,
Please ans. as soon as possible.
Thanking you.
Anil Gandhi.
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 11.10.2009 06:18 ISTDear Anil Gandhi
(1) As per central govt creamy layer criteria dated 08.09.1993 you are eligible to get OBC non-creamy layer certificate.
(2) As per Rule V of central govt creamy layer criteria dated 08.09.1993 definition of family is “father, mother and minor children”
(3) No your brother’s income shall not be included to determine your creamy layer.
(4) Yes you are eligible to get OBC non-creamy layer certificate.
(5) This you have to confirm from local office or normally it is mentioned on state OBC certificate format.
According to the guj govt. one of the clause in the affidavit says that-
#only those person would be issued a NCL certificate in whose family viz.mother-father & children , any one of them are not at any post in the central or state government
(1) Don’t go “what is written in affidavit format” that is not a law. Law is the creamy layer criteria’s order or OM, search it. If it is the same as issued by GoI on dated 08.09.1993 affidavit should say-------
Only the son or daughter of following “government/psu employees” will be treated as creamy-layer.
(i) Parents, either of whom is a Class-I/group-A officer. (Direct Recruitment)
(i) Parents, both of whom are Class-II/group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a Class-II/group-B officer and he gets into group-A at the age of 40 or earlier.
(iv) In military colonel and above.
and the other clause says-
#only those person would be issued the NCL certificate in whose family no one is a doctor,engineer,lawyer,CA,architect,media person or income tax advisor.
As for your information, my brother is a Chartered Accountant.
(1) This is a very wrong interpretation actually as per the rule no. IV of central govt creamy layer criteria dated 08.09.1993 the creamy layer status of doctor, engineer, lawyer, CA, architect, media person or income tax advisor (who are self employed) will be determined by 4.50 lakhs annual income rule no. VI of central govt creamy layer criteria dated 08.09.1993. That is also applicable on the basis of parent’s (father-mother) income only. The central govt creamy layer criteria dated 08.09.1993 never says to add brother’s income as each and every rule starts from “sons and daughters of so and so………..will be creamy layer.”
(1) Candidate’s creamy layer status is always determined by parent’s (father, mother) status and never by status of self or husband or spouse. Hence your creamy layer status will be determined only by your parent’s (father, mother) status and your income will never be counted. This reservation facility is actually based on “what status a father-mother has given to a child since his/her birth”.
(2) EVEN THERE IS NO NEED TO LEAVE THE JOB FOR A CANDIDATE TO BECOME A NON-CREAMY LAYER FOR RESERVATION.
(3) Each clause of creamy layer criteria DT 08.09.1993 says that “SONS & DAUGHTERS OF SO & SO...........” will be treated as creamy layer. Means candidate’s creamy layer status is always determined by parent’s (father, mother) status.
(4) Para 08 of creamy clarifications DT 14.10.04 issued by DOPT GoI clearly speaks that: - “8. Creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.”
Anil Gandhi
@ 11.10.2009 23:28 ISTDear shailendra,
Thank you for your reply.And giving me your precious time in replying my questions.
Many OBC candidates from gujarat would get help from your answers.
thanking you,
Anil Gandhi.
R.DURAISAMY
@ 12.10.2009 13:45 ISTAt present working in BSNL as Sub Divisional Engineer (Civil. I had entered in then DOT as Junior Engineer (C) on 31.01.1977. As per the company policy, though I am promotte Gr-B cadre, my salary was more than 4.50 lakhs for the past three years. What is my position, whether my daughter preparing for GATE to study PG in IIT, whether she can avail OBC. Because the definition for OBC and creamy layer I am totally confused.
R.DURAISAMY
@ 12.10.2009 13:51 ISTDear Sir,
Pl clarify the request generated @12.10.2009 13.45 IST
R.Duraisamy
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 13.10.2009 06:23 ISTDear R.Duraisamy
1) As per Clause II C of central govt creamy layer criteria dated 08.09.1993 only the son or daughter of following “government/psu employees” will be treated as creamy-layer----
(i) Parents, either of whom is a Class-I/group-A officer. (Direct Recruitment)
(i) Parents, both of whom are Class-II/group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a Class-II/group-B officer and he gets into group-A at the age of 40 or earlier.
(iv) In military colonel and above.
(2) Only when it is not possible to prove equivalence or comparability of posts vis-à-vis posts in Government then the Rule VI (Rs. 4.50 lakhs annual income for three consecutive years) of Creamy Layer Criteria dated 08.09.1993 will be applicable to determine the creamy layer status of son and daughter of PSU employees. But in your case you can prove. It is given in Para-09 of Creamy Layer Clarification dated 14.10.2004 that “It is clarified that the creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis-à-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.4.5 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.4.5 lakh per annum and income from other sources is also less than Rs.4.5 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.4.5 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.”
Hence your daughter is eligible to avail OBC reservation.VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
Balaji
@ 14.10.2009 13:56 ISTI am from Tamil Nadu and I belong to BC(Thuluva
Vellala)and i have got a community card from govt. to support it....please say whether it comes under OBC and if so is that necessary to get a certificate to support it.
anand
@ 15.10.2009 01:08 ISTDear sir,
How are you ?.actually i am having doubt regarding creamy layer criteria in karnataka state for karnataka state govt job for my son,as he is applying under OBC, myself working under central government/PSU from almost 33 years and i would like to say that our general manager(main head)of the company branch,they themselves not a gazetted officer, and my post is almost 5-7 promotions below him, since i dont know what is that class so i couln't express it,my current salary is 3.6 lakhs per annum, i want to know that, will we able to get OBC quota in karnataka state govt jobs ? i have asked the personnel authorities about this in a particular govt dept but they don't have any idea over it as they said this which i doubt.so i request you please let me know what is the limit for creamy layer in karnataka state for applying karnataka state govt jobs. thank you very much and take care
binoy kumar borah
@ 15.10.2009 16:45 ISTSir, I belong to Assam. cast is considered under OBC category. My mother is a cultivator There is no other income in our family except my mother. Her annual income is 36000p.a.Can I avail benefits available under non creamy layer of OBC category? Please advise.
binoy kumar borah
@ 15.10.2009 16:46 ISTSir, I belong to Assam. cast is considered under OBC category. My mother is a cultivator There is no other income in our family except my mother. Her annual income is 36000p.a.Can I avail benefits available under non creamy layer of OBC category? Please advise.
binoy kumar borah
@ 15.10.2009 16:47 ISTSir, I belong to Assam. cast is considered under OBC category. My mother is a cultivator There is no other income in our family except my mother. Her annual income is 36000p.a.Can I avail benefits available under non creamy layer of OBC category? Please advise.
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 17.10.2009 07:10 ISTDear Vinoy, You are a non creamy layer. See creamy layer criteria dated 08.09.1993,CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008 minutely. For central reservation your caste must be available in central list of OBCs available at www.obcguru.com.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
balaji
@ 17.10.2009 19:43 IST
I am from Tamil Nadu and I belong to BC(Thuluva
Vellala)and i have got a community card from govt. to support it....please say whether it comes under OBC and if so is that necessary to get a certificate to support it.
I am from Tamil Nadu and I belong to BC(Thuluva
Vellala)and i have got a community card from govt. to support it....please say whether it comes under OBC and if so is that necessary to get a certificate to support it.
balaji
@ 17.10.2009 20:32 IST
I am from Tamil Nadu and I belong to BC(Thuluva
Vellala)and i have got a community card from govt. to support it....please say whether it comes under OBC and if so is that necessary to get a certificate to support it.
I am from Tamil Nadu and I belong to BC(Thuluva
Vellala)and i have got a community card from govt. to support it....please say whether it comes under OBC and if so is that necessary to get a certificate to support it.
balaji
@ 17.10.2009 20:32 IST
I am from Tamil Nadu and I belong to BC(Thuluva
Vellala)and i have got a community card(BC) from govt. to support it....please say whether it comes under OBC and if so is that necessary to get a certificate to support it.
I am from Tamil Nadu and I belong to BC(Thuluva
Vellala)and i have got a community card(BC) from govt. to support it....please say whether it comes under OBC and if so is that necessary to get a certificate to support it.
SHAILENDRA KUMAR WAGADRE
@ 12.11.2009 06:48 ISTDear Balaji.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
balaji
@ 12.11.2009 10:23 IST
is it true that all the BC and MBC communities in tamil nadu state comes under the cental OBC category??
is it true that all the BC and MBC communities in tamil nadu state comes under the cental OBC category??
balaji
@ 12.11.2009 10:25 IST
is it true that all the BC and MBC communities in tamil nadu state comes under the cental OBC category??
and is it necessary to get a OBC certificate as we get for BC??and how??
is it true that all the BC and MBC communities in tamil nadu state comes under the cental OBC category??
and is it necessary to get a OBC certificate as we get for BC??and how??
balaji
@ 12.11.2009 10:31 IST
@ kumar..
i have already gone through OBCguru and found that my BC community is listed in cental list of OBC at no.1 and also a formate of OBC certificate who is applying for govt. jobs.
now need to know is that we need to apply and get (to keep with us) a certificate of OBC or only when we need it??
what is the formate of oBC ceti. need to be submitted for non-govt jobs and other scholarships which all demand a non-creamy obc certificate??
@ kumar..
i have already gone through OBCguru and found that my BC community is listed in cental list of OBC at no.1 and also a formate of OBC certificate who is applying for govt. jobs.
now need to know is that we need to apply and get (to keep with us) a certificate of OBC or only when we need it??
what is the formate of oBC ceti. need to be submitted for non-govt jobs and other scholarships which all demand a non-creamy obc certificate??
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 12.11.2009 20:55 ISTDear Balaji,
You can verify by comparing BC and MBC communities list of in tamil nadu state & central list of OBC category??
You have to take separate certificate for state & central reservation.
You have to take the central OBC certificate when it is required. See validity of OBC certificate in www.obcguru.com.
Format is the same “to be submitted for non-govt jobs and other scholarships which all demand a non-creamy obc certificate??”
jogendra
@ 15.11.2009 12:32 ISTi am belong to jat camunity of rajadthan . i take ias main exam this year , upsc send me clarification about obc comunity , so i want to know about what is the resoulution n. & what is serial n. of on which date jat comunity of rajasthan added to bbackward category list
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 15.11.2009 14:04 ISTDear Jogendra,By Ministry of Social Justice and Empowerment Resolution No. 12011/68/98-BCC New Delhi dated 27 October 1999 the Jat (Except in Bharatpur and Dhaulpur District) is included in Central list of OBCs at serial No.-58. Resolution dated 27 October 1999 is available at www.obcguru.com as http://socialjustice.nic.in/gazenotif.html at
14. CENTRAL LIST OF OBCs {GAZETTE NOTIFICATIONS/RESOLUTIONS}
Nandkishor Nimkar
@ 16.11.2009 21:19 ISTThank you sir!!!! Your guidance has been helpful, i got non-creamy layer certificate for my daughter.
What i further want to know is, one of my female relative needs creamy-layer certificate but she is married,who should apply for the certificate her father or her husband? Can the applicant file the affidavit herself or with the income proof of husband or father? sir i need this as soon as possible please do the needful.
Nandkishor Nimkar
@ 16.11.2009 21:23 IST
oh sorry i mentioned wrongly the lady needs non-creamy layer certificate.
Please let me know as soon as possible.
oh sorry i mentioned wrongly the lady needs non-creamy layer certificate.
Please let me know as soon as possible.
roopa
@ 16.11.2009 21:49 ISTsir'
how to calculate income of a government servant ?is it basic or D.A and H.R.A and other allowances will count?please tell the order number also?
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 17.11.2009 05:45 ISTDear Nandkishor Nimkar, (1) Candidate’s (Applicant’s) creamy layer status is always determined by parent’s (father, mother) status and never by status of self, husband, or spouse. Hence, applicant’s creamy layer status will be determined only by parent’s (father, mother) status and husband’s income or status will never be counted. This reservation facility is actually based on “what status a father-mother has given to a child since his/her birth”.
(2) EVEN THERE IS NO NEED TO LEAVE THE JOB FOR A CANDIDATE TO BECOME A NON-CREAMY LAYER FOR RESERVATION.
(3) Each clause of creamy layer criteria DT 08.09.1993 says that “SONS & DAUGHTERS OF SO & SO...........” will be treated as creamy layer. Means candidate’s creamy layer status is always determined by parent’s (father, mother) status.
(4) Para 08 of creamy clarifications DT 14.10.04 issued by DOPT GoI clearly speaks that: - “8. Creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.”
As per the “Application form to get OBC certificate” Candidate’s (Applicant’s) has to apply in Tehsil office to get OBC certificate. Accordingly formalities will be done.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 17.11.2009 06:02 ISTRoopa, If you are asking to determine creamy layer status the creamy layer status of a govt servant is determined by post held and not by salary income.
(1) As per Clause II C of central govt creamy layer criteria dated 08.09.1993 only the son or daughter of following “government/psu employees” will be treated as creamy-layer----
(i) Parents, either of whom is a Class-I/group-A officer. (Direct Recruitment)
(i) Parents, both of whom are Class-II/group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a Class-II/group-B officer and he gets into group-A at the age of 40 or earlier.
(iv) In military colonel and above.
(2) See the Explanation given in 4.50 lakhs order dated 14.10.2008, which says- “Income from salaries or agricultural land shall not be clubbed” with the annual income.
(3) As per Para 10 of creamy layer clarification dated 14.10.2004 10. In regard to clause (x) of para 4, it is clarified that while applying the Income/Wealth Test to determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs.2.5 lakh per annum, income from agricultural land is more than Rs.2.5 lakh per annum, but income from other sources is less than Rs.2.5 lakh per annum, the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth
(4) As per “Application form to get OBC certificate.” (Available at www.obcguru.com) In Column (G), you have to show ANNUAL FAMILY INCOME FROM ALL SOURCES (EXCLUDING SALRIES AND INCOME FROM AGRICULTURAL LAND)
As per Note given in Income Affidavit of Central Sector Scholarship of Govt of India, only basic is counted. (Available at www.obcguru.com). However if any authority is checking the creamy layer by wrongly salary he will consider DA also.
VISIT WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
Nandkishor Nimkar
@ 19.11.2009 21:08 ISTThank you sir!!!!
I want to know that IIT-JEE application requires declaration of OBC candidates under non-creamy layer to produce their certificate on or after 1st JAN'2010 to be considered under the specific category. Why is the certificate required on or after januuary 2010? Why can't be the certificate issued before 2010 be acceptable? This seems to be a troubling notch, i want to know this as per the RTI act.
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 20.11.2009 08:30 ISTDear Nandkishor Nimkar,
(AAAAA) You have pointed out a good thing; it is creating practical and legal problems. Kindly go through the para-3 of OFFICE MEMORANDUM No.36033/4/97-Estt. (Res.) New Delhi. Dated: 25th July 2003 of Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training North Block regarding, Subject: Validity period of OBC certificate and verification of Community and ‘non-creamy layer’ ………….status of OBC candidates. Para 3. “The appointing authority, before appointing a person seeking appointment on the basis of reservation to OBCs should verify the veracity of the community certificate submitted by the candidate and also the fact that he/she does not fall in creamy layer on the crucial date. The crucial date for this purpose may be treated as the closing date for receipt of applications for the post except incases where crucial date is fixed otherwise.”
I think based on this the IIT has fixed the date 01.01.2010 and the AIEEE as 31.03.2010. They have mentioned, “The OBC certificates issued before these dates will not be allowed.” Whereas the legal status of OBC certificate issued between 01.04.2009 to 31.03.2010 does not change throughout the year as it is issued based on last three years status. Following are the practical/legal problems due these dates (1) insufficient time for a candidate to take OBC certificates from the Tehsil office. (2) Legal Problem for the authorities that they are not checking the caste and non-creamy layer status of the candidate at the time of application or before application i.e. in Nov or Dec 2009.
The correct thing is that (1) They should check the caste and non-creamy layer status of a candidate at the time of application or before application i.e. in Oct or Nov or Dec 2009. (2) As the legal status of an OBC certificate issued between 01.04.2009 to 31.03.2010 does not change throughout the year they should allow the OBC certificates issued after the date 01.04.2009, which will not cause trouble to the candidates.
(BBBBB) Other than the above AIEEE is doing a wonderful thing. AIEEE is asking to get validity for the students of Maharashtra only. Actually, they have copied this note from the state OBC certificate of M.S., which has no meaning for central reservations, as it is not necessary for other state’s candidates. The note [Certificates issued from Maharashtra State must be validated by the Social Welfare Department of the Maharashtra Government] should also be removed from the top of central OBC certificate format given by AIEEE. Because no such condition imposed by Govt of India.
Kindly send your email address.
VISIT MY WEBSITE WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.(If you are going to teach someone, you have to become ‘master’.)
karthik
@ 03.12.2009 16:03 ISTsir,
to issue Noncreamy layer OBC certificate,village officer has forwarded to thasildar.she has put a note to obtain a certificate from my mother's village stating that she does not possess any land or property there.she is a resident of my current place since 39 years.she is there in in the ration card of my place and she is not there in her native land's ration card.sir,what is the actual rule.is it needed?
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 06.12.2009 06:39 ISTDear karthik, In India, the caste status is determined by FATHER’S status and as per creamy layer OM 08.09.1993 the creamy layer status is determined by PARENT’S (father and mother) status. Accordingly, you have to submit the supporting document to satisfy the officer issuing the certificate.
Anshuman N
@ 14.12.2009 21:40 IST
Hello Sir,
My father is a class II officer(State Govt. Job) and earns about Rs.3.6 lacs per annum. My mother is a temporary teacher and earns about Rs.4000 per month. I have been working as an engineer in a private company for 1 year and my salary is Rs. 3.15 lacs per annum. Can you please say if I can be considered for NON-CREAMY layer of OBCs?
Hello Sir,
My father is a class II officer(State Govt. Job) and earns about Rs.3.6 lacs per annum. My mother is a temporary teacher and earns about Rs.4000 per month. I have been working as an engineer in a private company for 1 year and my salary is Rs. 3.15 lacs per annum. Can you please say if I can be considered for NON-CREAMY layer of OBCs?
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 15.12.2009 20:14 ISTDear Anshuman N, You are a forever non-creamy layer candidate as the creamy layer status is always determined by parent’s (father-mothers) status and candidate’s status or income is never counted (even you become a crorepati). In addition, if father and mother both are direct class II officer then only you are a creamy layer candidate. Please go through the following clarifications available in my website www.obcguru.com (1) CREAMY-LAYER, ALWAYS DETERMINED BY PARENT'S STATUS/INCOME (2) CREAMY LAYER CONFUSION ABOUT GOVT SERVANTs, CLARIFICATION
H N DARJI
@ 03.01.2010 03:37 ISTSir
I am working in ONGC. I joined as a class III employee and now I am a class -I officer. My salary is more than 4.5 laks per year.Kindly advice I am cremelayer or non-cremelayer ?
I belongs to SEBC from Gujarat state. Wheather I could get benifite of reservation (27 %) for my sons education purpose ? Is state govt has any latest circuler on this issue ? Pl guide me.
thanks
H N Darji
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX (Since-98), 09425003700, 07146277477 (Res.) swagadre@rediffmail.com or skwagadre@gmail.com
@ 05.01.2010 06:11 ISTDear H N DARJI, 1) As per Clause II of central govt creamy layer criteria dated 08.09.1993 “ONLY” the son or daughter of following “government employees” will be treated as creamy-layer----
(i) Parents, either of whom is a Class-I/group-A officer. (Direct Recruitment)
(i) Parents, both of whom are Class-II/group-B officers. (Direct Recruitment) (iii) Parents of whom only the husband (father) is a Class-II/group-B officer and he gets into group-A at the age of 40 or earlier.
(2) See the Explanation given in 4.50 lakhs order dated 14.10.2008, which says- “Income from salaries or agricultural land shall not be clubbed”. BOTH will not be clubbed with the annual income because there are different rules for service category and farmers.
(3) As per Para 10 of creamy layer clarification dated 14.10.2004 10. In regard to clause (x) of para 4, it is clarified that while applying the Income/Wealth Test to determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs.2.5 lakh per annum, income from agricultural land is more than Rs.2.5 lakh per annum, but income from other sources is less than Rs.2.5 lakh per annum, the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth
(4) Important for you- As per Para 7 of creamy layer clarification dated 14.10.2004 07. If the father is directly recruited Class III/Group C or Class IV/Group D employee and he gets into Class I/Group A at the age of 40 or earlier, his sons and daughters shall not be treated to be falling in creamy layer.
(5) As per “Application form to get OBC certificate.” (Available at www.obcguru.com) In Column (G), you have to show ANNUAL FAMILY INCOME FROM ALL SOURCES (EXCLUDING SALRIES AND INCOME FROM AGRICULTURAL LAND)
Accordingly your son is a non-creamy layer and eligible for OBC reservation.
rudra narayan sahu
@ 14.01.2010 17:12 IST
sir.
my father is working in life insurance corporation of india a psu company he joined the organisation as a class three employees and became class one at the age of 42 his salary is now nearly 5 lakhs rupees per annum .should i belong to creamy layer of obc or not.
sir.
my father is working in life insurance corporation of india a psu company he joined the organisation as a class three employees and became class one at the age of 42 his salary is now nearly 5 lakhs rupees per annum .should i belong to creamy layer of obc or not.
SHAILENDRA WAGADRE, All India Principal General Secretary AP
@ 15.01.2010 06:13 ISTDear rudra narayan sahu
As per central govt creamy layer criteria you are a non-creamy layer candidate and eligible for OBC reservation. As (1) the rule II B (b) says that- “Son(s) and daughter(s) of parents of whom only the husband (father) is a Class II officer and he gets into Class I at the age of 40 or earlier;” are creamy layer. (2) The Para 07 of creamy layer clarification dated 14.10.2004 says that- “If the father is directly recruited Class III/Group C or Class IV/Group D employee and he gets into Class I/Group A at the age of 40 or earlier, his sons and daughters shall not be treated to be falling in creamy layer.”
VISIT MY WEBSITE WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
naina das
@ 19.01.2010 00:03 IST
wht is the procedure to calculate the creamy layer among obc in case of an employees doing job in a psu organisation.
wht is the procedure to calculate the creamy layer among obc in case of an employees doing job in a psu organisation.
SHAILENDRA WAGADRE, All India Principal General Secretary AP
@ 19.01.2010 04:58 ISTAs per Rule III C of creamy layer criteria dated 08.09.1993 creamy layer of sons and daughter of PSU officers is determined on the basis of "post-held" on equivalent and comparable basis to govt post. The son or daughter of following “government employees” are treated as creamy-layer----
(i) Parents, either of whom is a Class-I/group-A officer. (Direct Recruitment)
(i) Parents, both of whom are Class-II/group-B officers. (Direct Recruitment)
(iii) Parents of whom only the husband (father) is a Class-II/group-B officer and he gets into group-A at the age of 40 or earlier.
VISIT MY WEBSITE WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
ASHOK DHAKAR
@ 21.01.2010 16:13 ISTsir
I joined Central govt. serive as group-c employee. through promotional deptarmentaly , i was promoted gr-B and got GR-A at the age of 43 years. as per this criteria my wards are eligible for OBC. but my salary income more than 4.5 lacks. no other income. having a residential house in gr.b city. no income from house. i/tax. proves all this. but certificate issuing authority in rajasthan is not giving NCL certificate on the basis of i/tax return. under what authentic rules i shall plead the case. i given my service particular in colum 2 which he considers gr- a employee. please help me . i shall be highly obliged.
ASHOK DHAKAR
@ 21.01.2010 16:16 ISTif salary more than 4.5 lack . no other income. can a gr-iii recruited employee get obc /NCL .
SHAILENDRA WAGADRE, All India Principal General Secretary AP
@ 21.01.2010 20:49 ISTDear Ashok Kumar,GOVERNMENT SERVANT PARENT'S MUST SEE FOLLOWING
FOUR (4) IMPORTANT 'CREAMY LAYER' GOVT. ORDERS AVAILABLE AT WWW.OBCGURU.COM
(1) SIX CREAMY LAYER RULES (CRITERIA) 08.09.1993 {IT'S RULE-II A (b), II B (a) & (b) & EXPLANATION-(i) OF RULE-VI}
(2) CREAMY LAYER CLARIFICATIONS 14.10.2004 {IT'S Para-10}
(3) 4.50 LAKHS, RULE VI REVISION OF 08.09.93,14.10.2008 {IT'S EXPLANATION- INCOME FROM SALARIES OR AGRICULTURAL LAND SHALL NOT BE CLUBBED IN ANNUAL INCOME (SEE ALSO HINDI)}
(4) APPLICATION FORM TO GET OBC CERTIFICATE FROM TEHSIL {IT'S COLUMN (G) ANNUAL FAMILY INCOME FROM ALL SOURCES
(EXCLUDING SALARIES & INCOME FROM AGRICULTURAL LAND)}
If father-mother or either is a class III employee and having annual salary income Rs. 10 lakhs rupees sons and daughters are non-creamy layer.
rohit
@ 23.01.2010 11:44 IST'dear sir ,
I have filled the SSC fORM in 2008. At that time i have applied for OBC certificate. And got the state certificate with non creamy clause issued on the last date of application. So could not sent it with application and now i have to submit the central certificate issued on or before last date of application. So is my state certificate is valid.?
I have also applied for central certificate but they are saying i have to submit state certificate for getting central certificate
My second question is that if submit state certificate and get central certificate which will be after the last date of application. Then in that case my central certificate will be qaccepted by SSC
Pls give early reply as i am really very tense
bandana panda
@ 23.01.2010 18:48 IST
my father salary is 5.4 lakhs per annum .he is working in lic a psu insurance comapany .he started his career as a class three employees and get promoted into class one category at the age of 42.should i belong to creamy layer category or not and what are the document that i sould produced infront of the obc certificate issuaing authorities for getting an obc certificate . last year i applied for an obc certificate they didnt issued to me and said your father salary is more than 4.5 lakhs and you are a creamy layer candidate .i am very upset plz give me reply claearly with detail so that i can have an obc certificate.
my father salary is 5.4 lakhs per annum .he is working in lic a psu insurance comapany .he started his career as a class three employees and get promoted into class one category at the age of 42.should i belong to creamy layer category or not and what are the document that i sould produced infront of the obc certificate issuaing authorities for getting an obc certificate . last year i applied for an obc certificate they didnt issued to me and said your father salary is more than 4.5 lakhs and you are a creamy layer candidate .i am very upset plz give me reply claearly with detail so that i can have an obc certificate.
SHAILENDRA WAGADRE, All India Principal General Secretary AP
@ 24.01.2010 07:00 ISTDear rohit, Answer (1)- State OBC certificate is not valid in any central recruitment or admission’s OBC reservation as all the caste are not included in central list of OBCs and there may be difference in state and central creamy layer criteria. They might be asking to submit your state OBC certificate for one day as in our state MP or CG to find the old file and they return state OBC certificate in the evening along with the central OBC certificate.
Answer (2) - You must try to get central OBC certificate immediately otherwise SSC will not accept the state OBC certificate. However, chance can be taken by enclosing state OBC certificate with the application if it is not possible to get central OBC certificate early.
SHAILENDRA WAGADRE, All India Principal General Secretary AP
@ 24.01.2010 07:04 ISTDear bandana panda, as per the post of your father on equivalent basis to central govt you are a non-creamy layer candidate. You can produce the following documents available at www.obcguru.com--
GOVERNMENT SERVANT PARENT'S MUST SEE FOLLOWING
FOUR (4) IMPORTANT 'CREAMY LAYER' GOVT. ORDERS
(1) SIX CREAMY LAYER RULES (CRITERIA) 08.09.1993
{IT'S RULE-II A (b), II B (a) & (b) & EXPLANATION-(i) OF RULE-VI}
(2) CREAMY LAYER CLARIFICATIONS 14.10.2004 {IT'S Para-10}
(3) 4.50 LAKHS, RULE VI REVISION OF 08.09.93,14.10.2008
{IT'S EXPLANATION- INCOME FROM SALARIES OR AGRICULTURAL LAND SHALL NOT BE CLUBBED IN ANNUAL INCOME (SEE ALSO HINDI)}
(4) APPLICATION FORM TO GET OBC CERTIFICATE FROM TEHSIL
{IT'S COLUMN (G) ANNUAL FAMILY INCOME FROM ALL SOURCES
(EXCLUDING SALARIES & INCOME FROM AGRICULTURAL LAND)}
rohit
@ 24.01.2010 13:36 ISTsir,
Thanks for your quick reply.
I have one doubt ,as i have got interview letter which states that OBC certificate must be as per central performa issued on or before last date of application, certificate issued after date will not be consider
ThoUgh I have state certificate with same central non creamy clause but the central certificate that i will get will be issued after the date of last date of application.
Will they allow me to appear in the interview as i am claiming age relaxation on the basis of OBC status.
SHAILENDRA WAGADRE, All India Principal General Secretary AP
@ 24.01.2010 13:55 ISTDear rohit
State OBC certificate is not allowed in any central OBC reservation for recruitment or admission as all the castes of state OBC list are not included in central list of OBCs and there may be difference in state and central creamy layer criteria. You must try to get central OBC certificate immediately and take a chance. Normally a certificate issued in between 1 April to 31 March has the same status on that basis you can try.
Vivek
@ 29.01.2010 21:07 ISTSir, i have my obc(non creamy) certificate dated march, 2006.
I've applied this year to various MBA institutes under OBC category.
Now, i need to get my OBC certificate renewed. The problem which I'm facing is that the tehsildar is asking for any proof stating that the non creamy certificate should be issued within last one year.
So I'd be very thankful if you please provide me any link which I can show to the tehsildar and ask for the renewal.
anil gandhi
@ 30.01.2010 15:14 ISTRespected sir,
one of my friend comes under SC category.if she marries a person who comes under SEBC category,then after her marriage would she be granted SEBC certificate or not?
please give me urgent reply.
yours sincerely,
anil.
SHAILENDRA WAGADRE, All India Principal General Secretary AP
@ 30.01.2010 15:31 ISTDear Vivek, The following O.O. dated 25.07.2003 available at www.obcguru.com may solve your problem.
21. VALIDITY, OBC CASTE & CREAMY LAYER CERTIFICATE OM-25.07.2003
It is written that in this OM that-
“3. The appointing authority, before appointing a person seeking appointment on the basis of reservation to OBCs should verify the veracity of the community certificate submitted by the candidate and also the fact that he/she does not fall in creamy layer on the crucial date. The crucial date for this purpose may be treated as the closing date for receipt of applications for the post except incases where crucial date is fixed otherwise.”
SHAILENDRA WAGADRE, All India Principal General Secretary AP
@ 30.01.2010 15:37 ISTDear Anil Gandhi,
Wife can never get caste status of her husband. She can only get caste status of father. Example- If so happen a general category woman will marry to a SC or OBC or ST candidate for one year on contract basis to become an IAS officer and after selection to IAS through she will take divorce as per agreement earlier. However, it is not possible as she can only get caste status of father
bandana panda
@ 03.02.2010 17:12 IST
is group c class of central govt employees equIvalent to clss thrre for psu employees and graoup A is euaivalent to class one.OR IS THERE ANY SPECIFIC WAYS IS AVAILABLE SO THAT WE CAN DEFINE IN CASE OF BOTH FOR CENTRAL GOVT EMPLOYEES AND PSU EMPLOYEES..WHEN WE APPLIED FOR OBC NON CREAMY LAYER CERTIFICATE
is group c class of central govt employees equIvalent to clss thrre for psu employees and graoup A is euaivalent to class one.OR IS THERE ANY SPECIFIC WAYS IS AVAILABLE SO THAT WE CAN DEFINE IN CASE OF BOTH FOR CENTRAL GOVT EMPLOYEES AND PSU EMPLOYEES..WHEN WE APPLIED FOR OBC NON CREAMY LAYER CERTIFICATE
SHAILENDRA WAGADRE, All India Principal General Secretary AP
@ 04.02.2010 06:23 ISTDear bandana panda, yes, it is correct to check equivalence or comparability based on post. No specific classification is available.
ASHOK DHAKAR
@ 08.02.2010 10:47 ISTif a group-c employee gets salary more than 4.5 lakhs and no other income .will his childern get obc-ncl benefit.under what rule.
jennath.
@ 08.02.2010 17:03 ISTPls help.I am working in a private firm and my husband is a class1 officer and earns more than 4.5 laks per annum(after 6th pay commission inplementation).Also my mother is a class 2 officer (after 40) and my father in a lower grade,their salary put together will be less than 4.5 lakhs.
Wheter I am eligible to rntitle reservation??
shailendra wagadre
@ 08.02.2010 17:29 ISTdear ashok kumar, kindly go through 4 docuements given at the bottom of home page of www.obcguru.com. Accordingly you are a non-creamy layer candidate.
shailendra wagadre
@ 08.02.2010 17:39 ISTdaer jennath, you are a non-creamy layer candidate and entitle for OBC reservation. Please go through the Rule II (A) & (B) of creamy layer criteria dated 08.09.1993. When a lady marry to a class I officer is not creamy layer on the basis of husband's status and hwen father nad mother both are directly recruited class-II officer then only you are acreamy layer. Para 08 of creamy layer clarification dated 14.10.2004. creamy layer status is always determined by parent's status and never by self or husband's status. All available at www.obcguru.com
jennath.
@ 10.02.2010 09:43 ISTCould you pls pin point what all docs (GO)s I have to refer (take print out)to convince the thahasildar??
harsha
@ 10.02.2010 10:42 ISTrespected sir,i am son of a proffessor drawing UGC pay scale..his income after the recent UGC pay hike is 6.5 lakhs.....he has no other income.....will i be able to get obc non-creamy layer certificate for my enterance.....Sir i have seen you helping so many people through this website....so please do the neady for me.......am i eligible to get non-creamy layer certificate.......????????????????
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX
@ 10.02.2010 20:05 ISTdaer jennath, The docuements are...
GOVERNMENT SERVANT PARENT'S MUST SEE FOLLOWING
FOUR (4) IMPORTANT 'CREAMY LAYER' GOVT. ORDERS
(1) SIX CREAMY LAYER RULES (CRITERIA) 08.09.1993
{IT'S RULE-II A (b), II B (a) (b) EXPLANATION-(i) OF RULE-VI}
(2) CREAMY LAYER CLARIFICATIONS 14.10.2004 {IT'S Para-10}
(3) 4.50 LAKHS, RULE VI REVISION OF 08.09.93,14.10.2008
{IT'S EXPLANATION- INCOME FROM SALARIES OR AGRICULTURAL LAND SHALL NOT BE CLUBBED IN ANNUAL INCOME (SEE ALSO HINDI)}
(4) APPLICATION FORM TO GET OBC CERTIFICATE FROM TEHSIL
{IT'S COLUMN (G) ANNUAL FAMILY INCOME FROM ALL SOURCES
(EXCLUDING SALARIES INCOME FROM AGRICULTURAL LAND)}
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX
@ 10.02.2010 20:20 ISTdaer harsha, You should study the following 4 docuements are...
GOVERNMENT SERVANT PARENT'S MUST SEE FOLLOWING
FOUR (4) IMPORTANT 'CREAMY LAYER' GOVT. ORDERS
(1) SIX CREAMY LAYER RULES (CRITERIA) 08.09.1993
{IT'S RULE-II A (b), II B (a) (b) EXPLANATION-(i) OF RULE-VI}
(2) CREAMY LAYER CLARIFICATIONS 14.10.2004 {IT'S Para-10}
(3) 4.50 LAKHS, RULE VI REVISION OF 08.09.93,14.10.2008
{IT'S EXPLANATION- INCOME FROM SALARIES OR AGRICULTURAL LAND SHALL NOT BE CLUBBED IN ANNUAL INCOME (SEE ALSO HINDI)}
(4) APPLICATION FORM TO GET OBC CERTIFICATE FROM TEHSIL
{IT'S COLUMN (G) ANNUAL FAMILY INCOME FROM ALL SOURCES
(EXCLUDING SALARIES INCOME FROM AGRICULTURAL LAND)}
harsha
@ 21.02.2010 17:51 ISTthank you sir......but i have gone through creamy layer criteria.....but how can we prove ugc scale proffessor is a class1 or class2.......university nor the UGC does not give any classification..........is there any other way or link to prove proffessor is a class 2 equivalent job........??????? sir please do the needy ........
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX
@ 24.02.2010 05:19 ISTDear Harsha, You have to prove this by comparision.
harsha
@ 02.03.2010 11:13 ISTthank you sir for your valuable information......i will try to get my noncreamy layer certificate on the basis of comparison.....
amit kshatriya
@ 06.03.2010 00:25 ISTSir,
How can I obtain a "Creamy Layer Certificate" ? I fall under the general category.
Please guide me for the same.
Regards
Amit Kshatriya.
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX
@ 06.03.2010 05:28 ISTDear Amit Kshatriya,
At present the caste and creamy layer certificate in a combine profarma is issued for OBC reservation only. Central Govt as well as State Govts have issued instructions to Collectors/DMs/SDO/Tehsildar etc. regarding issuance of OBC caste and creamy layer certificate.
As per Para 2 of OM dated 15.11.1993 the Govt of India has authorized the following officers to certify the creamy layer of OBCs.
(a) District Magistrate/Additional District Magistrate/Collector/Deputy
Commissioner/Additional Deputy Commissioner/Deputy Collector/I Class
Stipendiary Magistrate/Sub-Divisional Magistrate/Taluka Magistrate/Executive
Magistrate/Extra Assistant Commissioner (not below the rank of I Class
Stipendiary Magistrate).
(b) Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency
Magistrate.
(c) Revenue Officer not below the rank of Tehsildar; and
(d) Sub-Divisional Officer of the area where the candidate and/or his family normally
resides.
But till date no any instructions are issued to the Collectors/DMs/SDO/Tehsildar etc. regarding issuance of creamy layer certificates to the General/SC/ST candidates.
Whereas, the eligibility limit to get CENTERAL SECTOR SCHOLARSHIP launched by Ministry of HRD Govt of India is that “the candidate must be non-creamy layer as per OBC creamy layer criteria dated 08.09.1993.
if it is must in my opinion you can approach any one of the officers above to get non-creamy layer certificate.
Er. Shailendra Wagadre B.E. (Civil) with Honours, All India Principal General Secretary APAAX (since 1998), NB-69, AB Type Colony, MPSEB, SARNI (MP). WWW.OBCGURU.COM Queries welcomed, without hesitation on… swagadre@rediffmail.com or skwagadre@gmail.com or 09425003700(Mob.) or 07146277477 (Res.)
VISIT MY WEBSITE WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
bala
@ 09.03.2010 20:56 ISTsir,
I'm a keralite married to a kannadiga.when i approaced village officer for applying for a govt.post he hesitate to give.my name is still in my native ration card.what should I do?
bala
@ 09.03.2010 20:58 ISTI'm a keralite(hindu-ezhava) married to a kannadiga lingayukth caste boy.when i approaced village officer for non creamy layer certificate for applying for a govt.post he hesitate to give.my name is still in my native ration card.what should I do?from where i will get non creamy sertificae
M.Prasad
@ 09.03.2010 21:24 ISTSir,
My gross salary is Rs. 41000/- including HRA allowances of Rs. 7000/- If my gross salary taken in to account the total income is more than Rs. 4.5 lakhs and comes under creamy layer. My friend who is staying in Govt accomoodation and not drawing any HRA and his income is less than Rs, 4 lakhs per year is comes under Non creamy layer status. Kindly clarify whether HRA is to be taken into account for arriving yearly income.
M.Prasad
@ 09.03.2010 21:25 ISTSir,
My gross salary is Rs. 41000/- including HRA allowances of Rs. 7000/- If my gross salary taken in to account the total income is more than Rs. 4.5 lakhs and comes under creamy layer. My friend who is staying in Govt accomoodation and not drawing any HRA and his income is less than Rs, 4 lakhs per year is comes under Non creamy layer status. Kindly clarify whether HRA is to be taken into account for arriving yearly income.
Nandkishor Nimkar
@ 16.03.2010 18:50 ISTDear Wagadare,
Hope u r in pink of ur health & i am very impressed by ur work for
obcs.
i m obc & having obc cert for my daughter.my present income is @4.2
lakhs.i m working in psu maharashtra govt where posts r not qualified
as class-i or class-ii.i m working as ex. engineer & got promoted at my
48 yrs of age.i got NCL cert for my daughter for yr 2009-2010.
due 2 6th pay my salary income(BASIC+DA+CLA+CONVEYANCE+ARREARS)MAY GO
ABOVE 4.5 LAKHS.WHILE MY SALARY(BASIC+DA)MAY FALL TO 4.45 LAKHS.I NEED
NCL FOR MY DAUGTER FOR THIS 2010-2011. PLEASE CLEAR MY DOUBTS.
1)WHETHER I WILL GET NCL CERT?
2)WHAT DETAILS OF "INCOME" R CONSIDERED FOR NCL CERT?
3)FOR OBC SCHOLARSHIP ONLY (BASIC+DA)IS CONSIDERED AS INCOME,THEN WHY
NOT FOR NCL CERT?
4)WHETHER CAPITAL GAIN SHALL B CONSIDERED AS SALARY INCOME?
5)WHAT IS MEAN BY GROSS INCOME?
6)THERE R LOT MANY CONFUSIONS IN OBTAINING OBC -NCL CERT CONSIDRING
INCOME,WHETHER THERE IS ANY READY RECOKNER FOR THIS?
HOPE U CLEAR MY QUERIES.
NIMKAR NANDKISHOR.
Nitin
@ 21.03.2010 03:38 ISTMy parents income is 4,80000 per year this year and last year. Out of this 40,000 was arrear...can i still valid for OBC certificate?
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX
@ 22.03.2010 07:15 IST(1) Dear Bala, As per present rule you are only eligible to get “caste” and non-creamy layer certificate only on the basis of parent’s (father-mother) status. However for caste status only father’s status is allowed. You cant get caste certificate on the basis mother or husban’s status. See 22. OBC CERTIFICATES TO MIGRANTS FROM OTHER STATES 08.04.1994 & Para 08 of 10. CREAMY LAYER CLARIFICATIONS 14.10.2004 {English} signed copy available at www.obcguru.com. The certificate taken from native place is legal.
(2) Dear M.Prasad, Creamy layer of a govt servant parent’s is checked by “POST” and never by salary income. Details, orders available at www.obcguru.com.
(3) Dear NIMKAR NANDKISHOR. (1) You will get NCL as the annual income should not be more than Rs. 4.50 lakh for three consecutive years. (2) (3) (4) (5) Ask this to any income tax lawyer by showing him all orders and documents (6) Not available.
(4) Dear Anil, If you are a govt doctor you should not be a direct or before forty appointed class-I officer or husband wife both should not be direct class-II officer to become non-creamy layer. If you are a private doctor your annual income should be less than Rs. 4.50 lakh for a single year out of three consecutive years. Details, orders available at www.obcguru.com.
(5) Dear Nitin If your parents are govt servants then either of them should not be direct class-I officer or father before forty appointed class-I officer or both should not be direct class-II officer to become non-creamy layer. If they are not govt servant then their annual income should be less than Rs. 4.50 lakh for a single year out of three consecutive years. Details, orders available at www.obcguru.com.
VISIT MY WEBSITE WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc. Queries welcomed, without hesitation on… swagadre@rediffmail.com or skwagadre@gmail.com or 09425003700(Mob.) or 07146277477 (Res.)
Dr. Pradip Gaikwad
@ 28.03.2010 13:29 ISTSir,I wish to seek your opinion regarding one NCL certificate issued by the competant authority in Maharashtra state. The person getting this certificate had purchased a land for 2 lacs in the year 2002 and sold it in the year 2006 for the price of 25 lacs, gaining a net profit of Rs.22,67.785/-in real terms. To save the tax on capital gain the applicant purchased a bunglow for Rs. 25 Lacs.NCL is to be issued by taking in to consideration the total income. Here in this case the applicant had got a profit of more than 22 lacs, that has to be considard as income and this was much more than the prescribed limit of 4.5 lacs, but this fact , though brought to the notice of the competant authority,they ignored my complaint saying that tha applicant sold the property and aquired another,there no capital gain as such.I am not convinced with this arguement.Please guide me with your legal advice.
Further the applicant did not divulge any income proof of husband at the time of application. She submitted it later on after more than one year. She holded landed and residential property but made a false affidavit that she does not have any landed property in Maharashtra.The authorities said that she forgot to cancel the said statement in the prescribed format.I want to seek your opinion whether if there is any change in the content of affidavit it has to be newly furnished or otherwise. Please guide me with your legal advice.
Thanks,
Yours sincerely,
Dr. Pradip Gaikwad
L . M . Waghmode
@ 31.03.2010 16:49 ISTwhat is the procedure to obtain OBC Non creamy Layer certificate and which documents are required for it.
bandana maharana
@ 07.04.2010 23:36 IST
sir my father is a p s u insurance company employees.he joined the company 37 year ago in 1973.he joined the company as a class three employees which is equivalent to group c of central govt employees.and he gets into class one bracket which is equivalent to group a of central govt employees at the age of 41.his annual income now nearly about 5 lakh per annum should i belong to creamy layer or not.when i applied for NCL certificate the issuing authorities did not give me the certificate and told me to submitted the salary certificate which is higher then the prescribed limit of 4.5 lakh per annum what should i do now. i need the NCL certificate immediately with in 15 days plz advise me sir
sir my father is a p s u insurance company employees.he joined the company 37 year ago in 1973.he joined the company as a class three employees which is equivalent to group c of central govt employees.and he gets into class one bracket which is equivalent to group a of central govt employees at the age of 41.his annual income now nearly about 5 lakh per annum should i belong to creamy layer or not.when i applied for NCL certificate the issuing authorities did not give me the certificate and told me to submitted the salary certificate which is higher then the prescribed limit of 4.5 lakh per annum what should i do now. i need the NCL certificate immediately with in 15 days plz advise me sir
sankar a
@ 08.04.2010 23:31 ISTSir I want know is there any PSU where equivalence or comparability of posts vis-à-vis posts in Government has been evaluated , if so can i get such list companies and the details there of.
thanking u
Nishant Darshan
@ 13.04.2010 14:30 ISTSir,
Your efforts to help the people regarding obc creamy layer clearifications are highly admirable.
my father is employee of GAIL india (ltd) a PSU,he joined it in 1990,presently he is at the post of Jr.Engr.income from salary(basic+da+hra) is around 4,60,000 last two year's income was less than 4.5 lakhs.income from agriculural land is around 50,000 and no other source of income is there.He approached the HR deptt of company regarding the clearification on class I and class II officer according to his post,but they told that there is no ranking as such in this company. i want to clearify the following;
(i) in a PSU how equivalence or comparability of posts vis-à-vis posts in Government post could be done?
(ii)if no such class specification is issued from the company.What all documents are needed for me to prove myself in non creamy layer(apart from caste certificate).
(iii) has any clearification has been issued under RTI act.regarding PSU where equivalence or comparability of posts vis-à-vis posts in Government post ?
Thanking you
Regards,
Nishant Darshan
Navdeep Singh
@ 26.04.2010 15:06 ISTPlease Read this newspaper report and clarify that whether canidate's parent status is the only criteria for determination of creamy layer.
http://www.tribuneindia.com/2008/20081113/punjab1.htm#14
Dr. Pradip Gaikwad
@ 02.05.2010 10:58 ISTSir, I had made a query on 28/3/2010, but there is no response from your end.Please give your valuable opinion to the question asked without any delay.
Thanks!
Yours sincerely,
Dr. Pradip Gaikwad
Dated- 2nd May, 2010
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX
@ 02.05.2010 17:39 ISTDear, Pradeepji,
I am not a lawyer. Kindly contact any income tax lawyer your problem can be solved within no time.
Anshuman
@ 03.05.2010 20:12 ISTSir,
My father is a central govt. employee. He is an Asstt Engineer, a class II employee as of now. He was directly recruited as a Class III employee. He had an annual income of less than 4.5 L till last year. However his income was hiked to more than 4.5 L in the financial yr 2009-10. I would like to know whether I can still avail the benefits of NC-OBC (as i read that it has to be more than 4.5 L for 3 consecutive years).
Roopa
@ 05.05.2010 13:08 ISTSHAILENDRA WAGADRE, All India Principal General Secretary APAAX
@ 06.05.2010 20:44 ISTKindly go through the following at www.obcguru.com
21. VALIDITY, OBC CASTE & CREAMY LAYER CERTIFICATE OM-25.07.2003
bandana maharana
@ 07.05.2010 17:16 IST
sir my father is a p s u insurance company employees.he joined the company 37 year ago in 1973.he joined the company as a class three employees which is equivalent to group c of central govt employees.and he gets into class one bracket which is equivalent to group a of central govt employees at the age of 41.his annual income now nearly about 5 lakh per annum should i belong to creamy layer or not.when i applied for NCL certificate the issuing authorities did not give me the certificate and told me to submitted the salary certificate which is higher then the prescribed limit of 4.5 lakh per annum what should i do now. i need the NCL certificate immediately with in 15 days plz advise me sir
sir my father is a p s u insurance company employees.he joined the company 37 year ago in 1973.he joined the company as a class three employees which is equivalent to group c of central govt employees.and he gets into class one bracket which is equivalent to group a of central govt employees at the age of 41.his annual income now nearly about 5 lakh per annum should i belong to creamy layer or not.when i applied for NCL certificate the issuing authorities did not give me the certificate and told me to submitted the salary certificate which is higher then the prescribed limit of 4.5 lakh per annum what should i do now. i need the NCL certificate immediately with in 15 days plz advise me sir
n.athiyaman
@ 13.05.2010 12:47 ISTdear sir,
what is non creamy layer .i am belonging kongu veller community(tamil nadu)am i eligible for obc my parents total income for last year is 5,20,000. but other two years are less than 4.5 lakhs.
kindly advice me n.athiyaman
Ravindra H Chaudhari
@ 17.05.2010 17:01 ISTDear Sir,
First of all let me thank you for such nicely informative still lucid website.
I have applied for "verification of OBC Caste certificate" with scrutiny committee (Regulation of issuance & verification of caste certificate Act 2000 Maharashtra Act No XXIII of 2001) of Maharashtra Government.
But I came across the corrupt officials, demanding Rs 20,000.00 for issuance of validity certificate.
This act mensions for "Procedure for verification of caste certificates" and "time limit for verification and grant of validity certificate". I am not able to gather these. Maha's GR website is overloaded & does not operate. RTI is too time consuming. Therefore I request for your help in this matter.
The officials are quoting (Verbaly & not on paper) that there is a SC/ HC ruling of atleast two proofs of caste, for issuance of validity certificate. Is it true?
Hoping your help,
Thanking You,
Ravindra H Chaudhari
Ravindra H Chaudhari
@ 17.05.2010 17:03 ISTHonorable Sirs,
Recently the admissions of the IITs for year 2008 were finalized with 9% reservations and admissions for 2009 were finalized with 18% reservations to OBC (Non-creamy Layer) category. The current year admissions are expected to be finalized with 27% reservation for OBC.
But this reservation is not exercised as it usually takes place. The 27% just appears generous. But there are many traps and tricks. As a result only 1930 students of OBC category found themselves in the merit list of 10045 candidates. The percentage works out to 19%. In short, with the present rules the real reservations for OBC candidates has remained to be 19% in contrast to the propaganda of 27%, which is only apparent.
One of the trap is only 10% relaxation is given to the OBC candidate; in the CML (Common merit list) cut-off score (CCS) as well as in minimum qualifying marks for ranking (MQMR). Due to lesser relaxation in MQMR most of the OBC candidates are wiped out without being considered for ranking.
Similarly, while preparing OBC merit list, only 10% relaxation is given to the OBC candidate; in the CML (Common merit list) cut-off score (CCS). The students with aggregate marks bet CCS & 0.9*CCS find themselves in OBC merit list, as a beneficiary of OBC reservation. And, only aggregate 19% OBC candidates find their names in merit list.
This is in contrast to the 50% relaxation presently being given to the SC & ST candidates in the CML cut-off score (CCS). It is not understood as to why so much difference should be there between SC&ST and OBC candidates.
So, I submit my appeal to consider 50% relaxation for OBC candidates too in MQMR and CCS, in line with SC&ST candidates.
Thanking You,
Ravindra H Chaudhari
rhc2010@yahoo.com
Raj
@ 19.05.2010 20:32 IST
Sir,
What are the established GradeA (or) Grade B equivalents in Public Sector Banks. Because my parents joined as Clerks and were in the same cadre by the time they reached 40 yrs age. But some time down their career, their combined salary exceeded 4.5 L for 3 or more years. Will I be considered to be of creamy layer.?
Thanks,
Raj
Sir,
What are the established GradeA (or) Grade B equivalents in Public Sector Banks. Because my parents joined as Clerks and were in the same cadre by the time they reached 40 yrs age. But some time down their career, their combined salary exceeded 4.5 L for 3 or more years. Will I be considered to be of creamy layer.?
Thanks,
Raj
bandana
@ 20.06.2010 23:40 IST
sir my father is a p s u insurance company employees.he joined the company 37 year ago in 1973.he joined the company as a class three employees which is equivalent to group c of central govt employees.and he gets into class one bracket which is equivalent to group a of central govt employees at the age of 41.his annual income now nearly about 5 lakh per annum should i belong to creamy layer or not.when i applied for NCL certificate the issuing authorities did not give me the certificate and told me to submitted the salary certificate which is higher then the prescribed limit of 4.5 lakh per annum what should i do now. i need the NCL certificate immediately with in 15 days plz advise me sir
sir my father is a p s u insurance company employees.he joined the company 37 year ago in 1973.he joined the company as a class three employees which is equivalent to group c of central govt employees.and he gets into class one bracket which is equivalent to group a of central govt employees at the age of 41.his annual income now nearly about 5 lakh per annum should i belong to creamy layer or not.when i applied for NCL certificate the issuing authorities did not give me the certificate and told me to submitted the salary certificate which is higher then the prescribed limit of 4.5 lakh per annum what should i do now. i need the NCL certificate immediately with in 15 days plz advise me sir
P.Venkateswara Rao
@ 01.07.2010 16:48 ISTSir
At present Iam a Group'C' employee of Central Govt.Employee working in Railways with Gross annual salary income of Rs.5,00,000. With Dept loan i have taken loan to construct house on my name with self occupation. Income from house property is Rs.24,000/- per year. Am i eligible to get OBC certificate with NCL. Please clarify.
p.karthik
@ 03.07.2010 10:52 ISTMy at present working in central govt. organisation as group-C employee having gross annual salary of Rs.5,25,000/- which inclujdes 90,000/- arrears. He is having one own house with 2 portion. one portion is self occupied and income from another portion is Rs.24,000/- per year. Am i eligible to get OBC certificate with Non creamy Layer. Please clarify.
p.Karthik
@ 03.07.2010 10:56 ISTIn my previous mail My at present working like that types that is wrong. The sentence may please be reas as My father at present working in Central govt.organisation.
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX
@ 03.07.2010 14:41 ISTP.Venkateswara Rao,
(1) Your son is an OBC non-creamy layer candidate.
The eligible OBC candidates are not getting caste certificate due to misinterpretation of creamy layer criteria Dt. 08.09.1993, especially in case of sons/daughters of government servants.
NORMALLY AN OBC CANDIDATE HAVING PARENT’S SALARY INCOME ABOVE Rs. 4.50 LAKH DONT TRIES TO GET OBC NON-CREAMYLAYER CASTE CERTIFICATE, WHICH IS A TOTALLY WRONG CONCEPT.
In creamy-layer criteria issued by Ministry of Personnel (DOPT) Government of India New Delhi vide O.M. No.36012/22/93-Est. (SCT) dated 8.9.1993 (also adopted by Supreme Court in recent judgment on Civil writ petition no. 265/2006 of 27% obc reservation in Central higher educational institutions) following important point is misinterpreted due to which whole country is confused including OBCs and authorities issuing the caste certificate.
(1) Actually the annual income limit of Rs. 4.50 lakhs is not applicable to “government servant’s salary income” & “farmer’s agricultural income”. It is the limit for “business income” only.
(2) In rule- (6) showing the creamy-layer annual income criteria of Rs.4.50 lakhs following
explanation is already given:
“Income from salaries or agricultural land shall not be clubbed with total income”
^^dqy okf"kZd vk; esa osru vFkok d`f"k Hkwfe ls izkIr vk; dks ugha tksM+k tk,xkA**
It means that income from salaries and agricultural land both will not be added with the annual income because to determine creamy layer status there are separate rule number (2) & (3) provided on the basis of “post held” for salaried persons & rule number (5) of “land holdings” for persons holding agricultural land. Hence they cannot be checked by salary/agricultural income.
(3) The criterion (2) & (3) clearly speaks that only the sons and daughter of following “government servants” will be treated as creamy-layer.
(i) Parents, either of whom is a Class I officer. (Direct Recruitment)
(ii) Parents, both of whom are Class II officers. (Direct Recruitment)
(iii) Parents of whom only the father is a Class II officer and he gets into Class I at the age of 40 or earlier.
(iv) In military, colonel and above.
“Other than the above 4, all the government servants are not creamy-layer.”
(4) The criteria (5) clearly speak that only following “farmers” will be treated as creamy-layer. (i) Having, only irrigated land which is equal to or more than 85% of the statuary ceiling area. (ii) The rule of exclusion will not apply if the land holding of a family is exclusively un-irrigated.
A very clear creamy layer clarification regarding not to include salary and agricultural income vide DOPT O.M. dated 14 October 2004 Para-10, is also available on website WWW.OBCGURU.COM.
10. In regard to clause (x) of para 4, it is clarified that while applying the Income/Wealth Test to determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs.2.5 lakh per annum, income from agricultural land is more than Rs.2.5 lakh per annum, but income from other sources is less than Rs.2.5 lakh per annum, the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth Test provided his parent(s) do not possess wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years.
The house income is other income and it is separately less then 4.50 lakhs per year.
Candidate is non-creamy layer.
(2) Put up following documents-
GOVERNMENT SERVANT PARENT'S MUST SEE FOLLOWING
FOUR (4) IMPORTANT 'CREAMY LAYER' GOVT. ORDERS
(1) SIX CREAMY LAYER RULES (CRITERIA) 08.09.1993
{IT'S RULE-II A (b), II B (a) & (b) & EXPLANATION-(i) OF RULE-VI}
(2) CREAMY LAYER CLARIFICATIONS 14.10.04 {ENGL} {Para-10}
(2) CREAMY LAYER CLARIFICATIONS 14.10.04 {HINDI} {Para-10}
(3) 4.50 LAKHS, REVISION OF RULE-VI 14.10.2008 {ENGL}
(3) 4.50 LAKHS, REVISION OF RULE-VI 14.10.2008 {HINDI }
{IT'S EXPLANATION- INCOME FROM SALARIES OR AGRICULTURAL LAND SHALL NOT BE CLUBBED IN ANNUAL INCOME (SEE ALSO HINDI)}
(4) APPLICATION FORM TO GET OBC CERTIFICATE FROM TEHSIL {IT'S COLUMN (G) ANNUAL FAMILY INCOME FROM ALL SOURCES (EXCLUDING SALARIES & INCOME FROM AGRICULTURAL LAND)}
Er. Shailendra Wagadre B.E. (Civil) with Honours, All India Principal General Secretary APAAX (since 1998), NB-69, AB Type Colony, MPSEB, SARNI (MP). WWW.OBCGURU.COM Queries welcomed, without hesitation on… swagadre@rediffmail.com or skwagadre@gmail.com or 09425003700(Mob.) or 07146277477 (Res.)
VISIT MY WEBSITE WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
SHAILENDRA WAGADRE, All India Principal General Secretary APAAX
@ 06.07.2010 06:19 ISTTHE RECENT DECISION OF SUPREME COURT CAME AGAINST THE SC-ST-OBCs
(NOT IN FAVOUR OF SC-ST-OBC)
GREAT LOSS TO OBCs DUE TO THIS POLICY/PROCEEDURE
Decision disappointed the SC-ST-OBCs of India as now selection of reserved category candidates in “unreserved-seats” will have no means.
Now, moreover all reserved category candidates SELECTED IN UNRESERVED SEATS will be counted in reserved seats because everybody (reserved category candidate) wants better service choice & which he will get in reserved seats only.
The vary purpose of reservation for candidates selected in “reserved-seats” other than those selected in “unreserved-seats” will be defeated.
Now most of the candidates selected in reserved seats by relaxed standard will be kicked out as the "Candidates who avail the benefit of Rule 16(2) and will be adjusted in the reserved category seats to improve service choice will be counted as part of the reserved pool for the purpose of computing the aggregate reservations.”
Accordingly all the candidates selected in “reserved-seats” will not get the jobs due to this faulty allotment procedure and will be kicked out even after they have been selected by the UPSC.
Above news of Supreme Court Decision is also available at URL---------
http://timesofindia.indiatimes.com/india/SC-upholds-UPSC-ban-on-double-reservation-benefit/articleshow/5905223.cms
Sentences of decision which are against the OBCs are----
(1) The improved service so availed by the reserved category candidate would then be counted against the quota posts specified for that service.
(2) Under Rule 16(2), the IRS post so vacated by the candidate by falling back on his SC, ST or OBC status, would then be offered to a general category candidate next in the waiting list.
(3) "Candidates who avail the benefit of Rule 16(2) and are adjusted in the reserved category should be counted as part of the reserved pool for the purpose of computing the aggregate reservations.
Er. Shailendra Wagadre B.E. (Civil) with Honours, All India Principal General Secretary APAAX (since 1998), NB-69, AB Type Colony, MPSEB, SARNI (MP). Queries welcomed, without hesitation on… swagadre@rediffmail.com or skwagadre@gmail.com or 09425003700(Mob.) or 07146277477 (Res.)
VISIT MY WEBSITE WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LAKS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & APPLICATION FORMAT,CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
Shaik abdul Rafi
@ 15.07.2010 12:57 ISTsir iam belonging to BC-e(Shaik),in andhrapradesh.does it comes under OBC in central govt jobs
neetu
@ 26.07.2010 11:15 ISTGreeting ,
Sir i want to know does JAT cast come under obc category in delhi ? I have UP obc cast certificate , for Delhi job is it necessary to get Delhi based Obc certificate ? How can i get it from delhi b/c i still residence of UP .
Er. Shailendra Wagadre B.E. (Civil) with Honours, All India Principal General Secretary APAAX (since 1998), NB-69, AB Type Colony, MPSEB, SARNI (MP). Queries welcomed, without hesitation on… swagadre@rediffmail.com or skwagadre@gmail.com or 09425003700(
@ 27.07.2010 07:09 IST(1) Shaik abdul Rafi- Central list of OBCs is available at www.obcguru.com
(2) neetu- You can not get OBC reservation of other state.
bikash dash
@ 04.08.2010 19:29 IST
sir my father is a psu insurance company employees. his annual income is around 6 lakhs per annum.he is not a directly appointed class one officer he joined as class three employees. should i belongs to creamy layer or not .
sir my father is a psu insurance company employees. his annual income is around 6 lakhs per annum.he is not a directly appointed class one officer he joined as class three employees. should i belongs to creamy layer or not .
shailendra wagadre www.obcguru.com
@ 05.08.2010 08:12 ISTYes on the basis of Rule II C of creamy layer criteria 08.09.1993 and Para 9 of creamy layer clarification you are a non-creamy layer candidate as you are a son of drectly recruited class-III emploee.
shailendra wagadre www.obcguru.com
@ 05.08.2010 08:12 ISTYes on the basis of Rule II C of creamy layer criteria 08.09.1993 and Para 9 of creamy layer clarification you are a non-creamy layer candidate as you are a son of drectly recruited class-III emploee.
manini mishra
@ 11.08.2010 19:59 IST
hello sir
i am manini mishra i have a problem my father is a psu insurance employees from 1972.his salary is now more than 4.5 lakhs but he joined the insurance company as a class 3 employees and gets into class 1 category at the age of 41+. but when i approached the obc non creamy layer issuing authorities they said you are creamy layer student and not eligible for obc certificate becoz your father salary is more than 4.5 lakhs. what should i do now
and what are the document i need to produced infront of then so that i get the certificate as soon as possible.
hello sir
i am manini mishra i have a problem my father is a psu insurance employees from 1972.his salary is now more than 4.5 lakhs but he joined the insurance company as a class 3 employees and gets into class 1 category at the age of 41+. but when i approached the obc non creamy layer issuing authorities they said you are creamy layer student and not eligible for obc certificate becoz your father salary is more than 4.5 lakhs. what should i do now
and what are the document i need to produced infront of then so that i get the certificate as soon as possible.
Jojo John
@ 12.08.2010 09:59 ISTIn a PSU recritment exam if there is no candidates selected in the obc quota ,then whether the quota will be converted to general or will they again conduct exam.
vinit
@ 23.08.2010 15:33 ISTsir i want to know that parent of a person who has been working in worker grade in private company but earning 4.6 lk and also having income from agriculture around 1.8 lk per annum but has obtained non creamy layer certificate only showing his agrictural income. will be taken illegal or legal.though he belong to non creamy layer from both income source of his parent.is it compulsary to show both income for obtaining obc ncl certificate
mohammad ali
@ 25.08.2010 00:39 ISTsir/maam,
i have an obc certificate from u.p.
i was born in delhi & we have been living in delhi from before 1993 & my father works as an engineer outside india. His annual salary is more the 4.5 lacs.He also has an obc certificate from u.p. I want to know whether i can i get an obc certificate from delhi & whether i belong to the creamy layer or not. thank you.
manini mishra
@ 28.08.2010 23:11 IST
hello sir
i am manini mishra i have a problem my father is a psu insurance employees from 1972.his salary is now more than 4.5 lakhs but he joined the insurance company as a class 3 employees and gets into class 1 category at the age of 41+. but when i approached the obc non creamy layer issuing authorities they said you are creamy layer student and not eligible for obc certificate becoz your father salary is more than 4.5 lakhs. what should i do now
and what are the document i need to produced infront of then so that i get the certificate as soon as possible.
hello sir
i am manini mishra i have a problem my father is a psu insurance employees from 1972.his salary is now more than 4.5 lakhs but he joined the insurance company as a class 3 employees and gets into class 1 category at the age of 41+. but when i approached the obc non creamy layer issuing authorities they said you are creamy layer student and not eligible for obc certificate becoz your father salary is more than 4.5 lakhs. what should i do now
and what are the document i need to produced infront of then so that i get the certificate as soon as possible.
shailendra wagadre www.obcguru.com
@ 29.08.2010 06:38 ISTDear Manini Mishra, Put up the following 4 documents before them
(available at bottom of home page of my website www.obcguru.com)
GOVERNMENT SERVANT PARENT'S MUST SEE THE FOLLOWING
FOUR IMPORTANT 'CREAMY LAYER’ GOVT. ORDERS
(1) SIX CREAMY LAYER RULES (CRITERIA) 08.09.1993
{IT'S RULE-II A (b), II B (a) & (b) & EXPLANATION-(i) OF RULE-VI}
(2) CREAMY LAYER CLARIFICATIONS 14.10.04 {ENG} {Para-10}
(2) CREAMY LAYER CLARIFICATIONS 14.10.04 {HINDI} {Para-10}
(3) 4.50 LAKHS, REVISION OF RULE-VI 14.10.2008 {ENGL}
(3) 4.50 LAKHS, REVISION OF RULE-VI 14.10.2008 {HINDI}
{IT'S EXPLANATION- INCOME FROM SALARIES OR AGRICULTURAL LAND SHALL NOT BE CLUBBED IN ANNUAL INCOME (SEE ALSO HINDI)}
(4) APPLICATION FORM TO GET OBC CERTIFICATE FROM TEHSIL {IT'S COLUMN (G) ANNUAL FAMILY INCOME FROM ALL SOURCES (EXCLUDING SALARIES & INCOME FROM AGRICULTURAL LAND)}
Ravindra Hemchandra Chaudhari
@ 30.08.2010 11:16 ISTI am 'Original Resident' & Domicile of Maharashtra. I have got 'OBC Caste Certificate' and haven't applied for validity yet.
My wife is from Madhyapradesh (i.e. her father is ordinary resident of Madhyapradesh). She requires OBC Certificate. She will get OBC Certificate based on my 'caste certificate' or her fathers caste proofs.
Thanking You,
Ravindra H Chaudhari
shailendra wagadre www.obcguru.com
@ 30.08.2010 14:10 ISTDear Ravindra H Chaudhari, FOR WHOLE LIFE THE CASTE STATUS OF A WIFE WILL BE DECIDED ON THE BASIS OF HER FATHER'S STATUS AND CREMY LAYER BY HER PARENT'S STATUS.
mohammad ali
@ 30.08.2010 16:42 ISTsir,
i have an obc certificate from u.p.
i was born in delhi & we have been living in delhi from before 1993 & my father works as an engineer outside india. His annual salary is more the 4.5 lacs.He also has an obc certificate from u.p. I want to know whether i can i get an obc certificate from delhi & whether i belong to the creamy layer or not. thank you.
plz reply as this is the second time iam asking..
Manini Mishra,
@ 02.09.2010 20:25 IST
sir in ur webiste obcguru .com it has written that class three/group c and class four/group d employees and he gets into class one at age of 40 or earlier is treated to be a non creamy layer. but my father get into class one after the age of 40 . how can i become non creamy layer .plz clearify my doubt as quickly as possible.
sir in ur webiste obcguru .com it has written that class three/group c and class four/group d employees and he gets into class one at age of 40 or earlier is treated to be a non creamy layer. but my father get into class one after the age of 40 . how can i become non creamy layer .plz clearify my doubt as quickly as possible.
Vandana
@ 03.09.2010 13:32 IST
Sir, I am a housewife and my husbund is a trainer in a private IT education company and his earning is around 6.5L. We are trying for my son who is in 12th std now. and he already have OBC certificate. I would like to know whether we belong to the creamy layer or not.
Sir, I am a housewife and my husbund is a trainer in a private IT education company and his earning is around 6.5L. We are trying for my son who is in 12th std now. and he already have OBC certificate. I would like to know whether we belong to the creamy layer or not.
shailendra wagadre www.obcguru.com
@ 05.09.2010 08:14 ISTManini Mishra, Kindly go through following Rule II (A) (b) and Rule II (B) (a) and (b) of creamy layer criteria 08.09.1993 on the basis of which you are a non-creamy layer candidate.
(i) Parents, either of whom is a Class I officer. (Direct Recruitment)
(ii) Parents, both of whom are Class II officers. (Direct Recruitment)
(iii) Parents of whom only the father is a Class II officer and he gets into Class I at the age of 40 or earlier.
“Other than the above 3, all the government servants are not creamy-layer.”
Vandana As per Rule VI of creamy layer criteria 08.09.1993 “if the annual income is more than 4.50 lakhs for last three consecutive years children are creamy layer.” If it is less for any one of the three years you can get reservation. See www.obcguru.com
manini mishra
@ 05.09.2010 11:10 IST
did that rule is also applicable to the public sector insurance company employees or its only applicable to central /state govt employees.as my father is a promoted class one officer from class thrre category at the age 0f 41.
did that rule is also applicable to the public sector insurance company employees or its only applicable to central /state govt employees.as my father is a promoted class one officer from class thrre category at the age 0f 41.
shailendra wagadre www.obcguru.com
@ 05.09.2010 17:09 ISTmanini mishra See Rule II C of creamy layer criteria 08.09.1993 & para 9 of creamy layer clarification 14.10.2004.
Vandana
@ 07.09.2010 13:13 ISTHi , i am married women from Haryana and marriage in Delhi, i have OBC certificate from Haryana, my father is not in Cremy layre. Should i need to renew this certificate in Delhi or required new certificate in delhi for applying UPSC. OR There is any other process.
ISHA
@ 08.09.2010 02:25 ISTSir we own a house which is for residential purpose only and we live there so will I be included in creamy layer?also my hometown is in haryana but we reside in delhi...so is it okay if I get NC-OBC certificate from haryana?
shailendra wagadre www.obcguru.com
@ 08.09.2010 06:43 ISTVandana,
Creamy layer is always determined on the basis of parent’s statue. For which see
(1) Out of the six rules, each rule of creamy layer criteria dated 08.09.1993 issued by Ministry of Personnel Govt of India New Delhi starts from: -
“SONS & DAUGHTERS OF SO & SO...will be treated as creamy layer”.
Means candidate’s creamy layer status is always determined by parent’s (father, mother) status.
(2) Para 8 of creamy layer clarification 14.10.2004- 8. In regard to clauses (vi), (vii) and (viii) of para 4, it is clarified that the creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.
Accordingly you can take reservation on the basis of Haryana’s caste and creamy layer status only.
ISHA, A residential house is exempted from wealth tax computation. However the wealth holding limit is Rs. 30 lakhs (See Wealth Tax Act of Govt of India). Status or certificate taken from of Haryana is not illegal.
Also see OBC certificates to migrants.
Go through www.obcguru.com
ISHA
@ 08.09.2010 14:16 ISTwealth holding limit holds for assets other than my house?If we have only the house as our asset am I included in non creamy layer?also in my certificate where it is mentioned that he/she belongs to non creamy layer it is written he instead of she,so will that cause any problem?
pinki sahu
@ 08.09.2010 19:53 IST
sir
my father is a psu insurance company employee. he joined the institution 30 years back as record clerk now he is a class one officer with a salary of around 5 lakh per annum. he gets into the class one post at the age of 42 years. should i belong to creamy layer or not. do i need to submit my father salary certificate to the issuing authorities when applying for obc non creamy layer certificate.and do i need to give an affidavit to the issuing authorities that my father is not a directly recruited class one officer and he gets into the class one category at the age of 42.plz clarify my queries as quickly as possible
sir
my father is a psu insurance company employee. he joined the institution 30 years back as record clerk now he is a class one officer with a salary of around 5 lakh per annum. he gets into the class one post at the age of 42 years. should i belong to creamy layer or not. do i need to submit my father salary certificate to the issuing authorities when applying for obc non creamy layer certificate.and do i need to give an affidavit to the issuing authorities that my father is not a directly recruited class one officer and he gets into the class one category at the age of 42.plz clarify my queries as quickly as possible
N.K. Patmase
@ 09.09.2010 22:38 ISTI belong to OBC,and my service place in Madhya Prdesh with 3.5 lakhs salary p.a. and my daughters studid in maharashtra. My query is, 1)Can i get freeship benifites for my daughters at Maharashtra? (2)Any reservation would be applicable to my daughter? (3) which authority in Madhya Prdesh would be given the documents to us which will acceptable in maharashtra?
shailendra wagadre www.obcguru.com
@ 10.09.2010 07:18 ISTISHA, you can see “wealth tax act” on internet. Mainly ornaments and cash. Yes you are a non creamy layer. Kindly get it corrected from certificate issuing authority. They can correct it by pen.
Pinki Sahu, If classification is available your creamy layer status will be determined by post. Submit the supporting document to prove that “father was recruited as class III employee” because as per Para 07 of Creamy layer clarification 14.10.2004 “If the father is directly recruited Class III/Group C or Class IV/Group D employee and he gets into Class I/Group A at the age of 40 or earlier, his sons and daughters shall not be treated to be falling in creamy layer.” (See www.obcguru.com)
N.K. Patmase, Maharashtra govt cannot provide any benefit to outsiders. Any state govt declares any benefit for their own sc, st, and obcs. If you are a resident of MS then only you can take OBC certificate from MS that is legal.
ISHA
@ 10.09.2010 14:31 ISTSir,but my certificate is in printed form so it cant be corrected by pen...so do they have to issue me new certificate in printed form?how much time will it take?
Ravindra Hemchandra Chaudhari
@ 13.09.2010 13:18 ISTDear Sir,
My wife is born in MP. After marrege we are staying in Maharashtra. She (& her father) belongs to KUNBI caste(OBC category), by of her own & her parents birth entries. She will get Caste cerrtificate from MP or Maharashtra? She wants to avail benefits of Maharashtra Government in Maharashtra.
Thanking you in anticipation,
Ravindra H Chaudhari
ISHA
@ 15.09.2010 16:45 IST
Sir thank you for ur valuable advice.Sir,in my certificate they have written that he does not belongs to creamy layer and when I told them to correct it they said that 'he' refers to my father since on his income basis they have granted me the certificate.so is there any problem with that?does this imply that I belong to non creamy layer n will it create any problem when I submit my certificate to any institute for reservation?kindly reply ASAP
Sir thank you for ur valuable advice.Sir,in my certificate they have written that he does not belongs to creamy layer and when I told them to correct it they said that 'he' refers to my father since on his income basis they have granted me the certificate.so is there any problem with that?does this imply that I belong to non creamy layer n will it create any problem when I submit my certificate to any institute for reservation?kindly reply ASAP
ipsita sahu
@ 17.09.2010 19:52 IST
sir i want to know if someone salary is more than 4.5 lakh per annum for the past three consecutive years and he is a psu employees.when i applied for obc non creamy layer certificate do my father salary status counted or only business income is calculated which is nil for my father. because in the ncbc website it is said that only business income is calculated excluding the salary income and agriculture income.plz clearfy my
doubt i need to applied for obc ncl certificate.
sir i want to know if someone salary is more than 4.5 lakh per annum for the past three consecutive years and he is a psu employees.when i applied for obc non creamy layer certificate do my father salary status counted or only business income is calculated which is nil for my father. because in the ncbc website it is said that only business income is calculated excluding the salary income and agriculture income.plz clearfy my
doubt i need to applied for obc ncl certificate.
shailendra wagadre www.obcguru.com
@ 19.09.2010 07:12 ISTRavindra H Chaudhari, Migrants from one state to another state are not entitled for reservation in new state as any state provides any facility for their own SC,ST,OBC. However every state has fixed a cutoff date of migration and allowing reservation to persons migrated in their state before the cutoff date. Confirm that date from Maharashtra Govt Offices. She can get OBC certificate from MP or MS for central services or jobs on the basis of status of MP. If she take state OBC certificate from MP that is not applicable for MS state Govt’s reservation. You can call me.
ISHA, nobody is going through so minutely. However technically that is a certification of candidate rather than father. If they are correct what about a creamy layer mother.
ipsita sahu, If it is possible to prove classification the creamy layer of PSU employee can be determined by post as per Rule II of creamy layer criteria 08.09.1993 otherwise on the basis of salary income as other income. However if your father is an initially recruited class III employee you can claim non-creamy layer as per para 07 of creamy layer clarification 14.10.2004.
VISIT MY WEBSITE WWW.OBCGURU.COM FOR OBC RESERVATION RULES, CREAMY LAYER SIX CRITERIA DT 08.09.1993, GOVT CREAMY LAYER CLARIFICATIONS DT 14.10.2004, 4.50 LACS ORDER DT 14.10.2008, CENTRAL CASTE LIST, CASTE CERTIFICATE & IT’S APPLICATION FORMAT, CENTRAL SECTOR SCHOLARSHIP @ Rs. 1000/2000 per month for COLLEGE STUDENTS, COURT’S ORDERS etc.
ISHA
@ 19.09.2010 22:56 IST
Sir so what shouid I do now?I dont think they will listen to all this...will there be any problem if I submit it as it is without any correction?
Sir so what shouid I do now?I dont think they will listen to all this...will there be any problem if I submit it as it is without any correction?
nikita bagarti
@ 22.09.2010 16:52 IST
sir. how to determine the creamy layer criteria for a psu employees. it is really a confusing issue. please completely clearify my doubt.
sir. how to determine the creamy layer criteria for a psu employees. it is really a confusing issue. please completely clearify my doubt.
mona mishra
@ 01.10.2010 11:16 IST
sir
sir how to determine the service category employees creamy layer . and do salary matter for then when creamy layer is determined. i yes then what r the basic criteria for psu employees creamy layer determination.
sir
sir how to determine the service category employees creamy layer . and do salary matter for then when creamy layer is determined. i yes then what r the basic criteria for psu employees creamy layer determination.
RAHUL
@ 04.11.2010 00:00 ISTsir,my father is a groupC central govt employee workin in railways with an annual income of Rs 5 lakh per annum.v are having no other sources of income n wealth is less than Rs30lakh.am i included in the creamy layer?
Antony
@ 09.11.2010 13:56 ISTDear Sir
I belongs to the OBC listed in Kerala. For the past 15 years i am staying in Maharashtra, where my community is not listed as OBC.Will my children comes under OBC category (for central education purpose). They are born and bought up in maharashtra
harsha
@ 13.11.2010 18:38 IST
tripti
@ 13.11.2010 23:23 ISTSir,
My father has served as Professor in a govt. college and we used to come under creamy layer when he was in service. He retired from service in October 2007 and is receiving pension from the state govt. which is below the limit of creamy layer. Can i now avail the benefits of OBC reservation or is it like i can not come in non creamy layer OBC if my father has ever been in creamy layer? Kindly guide me.
lucky
@ 26.11.2010 16:20 ISTsir,
in year 2009 i belongs to obc(ncl) ,as only my father was class II officer; but in october 2010 my mother had also becom class II officer now my question is ,i had clamed for reservation obc(ncl) in jee 2010 will i am eligible to claim for reservation as obc(ncl) in jee 2011, as they have asked for financial year ending 2009-2010
khaja
@ 27.11.2010 19:19 ISTI belog to muslim backward community named "Dudekula" in Andhra Pradesh. I ma presently working in Western Coalfields limited in Maharashta as Sr.Manager. I think there are no clasification of posts in our company like in Central govt.I have bee appointed as a supervisor in 1984 and then by passin departmental exams, I became Sr.Manager at the age of 39.Now I am drawing more than 4.5 lakhs.
In the explanation of year 2008, it is written that for psu employees, the salary will be taken into account where as in the explanation, it is written contradictorily that the salary should not be clubbed. kindly let me know that exactly which PSU employees salaries are to be included and whose not?
R.T,Narkhede
@ 22.01.2011 09:51 ISTMy last three year gross income is Rs.4.13, Rs.4.22 and Rs.5.06.
Can I elligible to get the noncreamy layer OBC certificate?
Regards,
R.T.Narkhede
R.T.Narkhede
@ 22.01.2011 09:54 ISTMy last three year gross income is Rs.4.13, Rs.4.22 and Rs.5.06.
Can I elligible to get the noncreamy layer OBC certificate for central govt. college admission?
Regards,
R.T.Narkhede
karan singh
@ 29.01.2011 16:38 ISTHello Shailendra Sir
I am quite impressed by your effort in eliminating the wrongful notions about creamy layer status. I have gone through all of the blog entries at samatha india . My question has slight technical take to it.
My father joined the nationalized bank at age of 24 in clerical cadre, he was promoted to assistant manager(scale 1) at age of 33 and further promoted to manager(scale 2) at age of 44.
Last three years salary of my father exceeds 4.5 lakhs
As per my information there is not any document highlighting comparative evaluation of nationalized bank posts vis-a- vis government posts. Does this comparative evaluation means that there is some special document from govt equating the post in govt with posts in banks and all or does it means that there should also be differentiation of jobs in 3-4 classes as is done in govt offices.
In govt there are 4 classes class D for peons and helpers, class C for clerks, class B for supervisors n lower rung officers and class A for top most officers
In banks there is also one class for peons and helpers i.e. lowest class, then comes clerical class , and then comes officers class which has divisions in form of scale 1- junior manger grade, scale 2,3- for middle management grade, and scale 4 and above for senior management grade.
OM of 1993 which says that rules of govt officials apply mutatis mutandis to officers holding equivalent or comparable posts in PSUs, Banks, Insurance Organisations, Universities, etc. Which is further clarified in OM dated 14 oct , 2004 (No.36033/5/2004-Estt.(Res.)(under section 4 part (v)) that persons who have been recruited in group C, will not come under creamy layer category even if he gets into class A before age of 40. In this case I can come under non creamy layer status because my father started in clerical class which is equivalent to class C
But if it is assumed that no comparative evaluation stands b/w govt n bank jobs in absence of that particular document ,then as per the criterion specified in OM dated 14 oct , 2004 (No.36033/5/2004-Estt.(Res.) (under section 4 part (ix)) may apply which takes into account the SALARY income for 4.5 lakh ceiling and I fall under creamy layer category…
I hav presented all the facts before you Now sir please help me by telling that if I fall under NC-OBC category or not…?
Sir you are requested to guide me out. I want to be extra sure about my status because I believe institutions like UPSC are extra careful in implementing the rules and i don’t want to be on wrong side after getting my name in the list. This I am saying so because govt office at district level are too loose in using the rules and regulations and they will issue me certificate anyhow. I will be applying for IES/IAS exam this time and form filling date is quite near. you have not replied on your samatha india website for last 4-5 months still hopefully I get a reply from you soon
Mohanraj
@ 30.01.2011 22:08 ISTDear sir,
I am working as an engineer in one PSU with annual gross salary of 3.1 lakhs my father income was 80 thousand per annum.. whether i ll come under NCL or creamy layer due to job in PSU .... or only status of parents is only considered for the creamy layer.. plaese clarify...
Regards
Mohanraj(psg.mohan@gmail.com)
jayesh parekh
@ 01.02.2011 13:18 ISTdear sir,
I have one doubt after marrige my wife creamy layer certi sarname which can written .my sarname parekh,and my wife old sarname limbachiya please sir clirify.and also district has change so which district i can apply
rujuta
@ 04.02.2011 23:23 ISTmy father working in RBI & mother in PSU recruited as clerk. my father after age of 46 got promoted to class I officer. income from salaries is more than 4.5 lacs. can i be non-creamy layer.
in the form for applying non-creamy layer certificate, they require salary certificate from the employer . if income is no criteria is it necessary or what shall be the explanation. shall the certificate from employer is required as parents are recruited as class III and father got promotion in the year so that age of promotion will be clarified please guide me
dipanshu
@ 03.03.2011 16:09 ISTsir,
i belong to obc community.my father annual salary is below 1 lac p.a.i m a psu employee salary 6 lac p.a. I want 2 apply for upsc.I want 2 knw whether i can take the benifit of obc or not? Whether the creamy layer will be decided on the basis of my salary or on the basis of my father's salary.Pl reply
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@ 24.03.2011 22:18 ISTSir,
Smt Lakshmi is an Aided Degree College Lecturer. State Government. She is receiving UGC Scale. Her Husband Un-employee.The Only Income source her JOB.Back ward Caste OBC. The said Lecturer have TWO Daughters. For her Daugher GATE Entrance and IIT Admission... Whether CREAMY LAYER applicable or Not...? Is she eligible to obtain Reservation under OBC Quota...? (i.e., Her daughter...?) Pleas clarify
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parveez.m.g
@ 12.04.2011 20:58 ISTdear sir please clarify my doubts.my father is joined as LDC class 3 and retired as class three.his pension is 150000 p.a.i am also a class three and income is 210000 p.a.my wife is also a class three with income of 250000.p.a.all are in state govt.please clarify that i am a creamy layer or not
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@ 12.04.2011 21:33 ISTdear sir.i am a karnataka candidate.my fahter is retired state govt employee of class three nad having a pension of 150000 pa.i am also a class three state govt employee of income of 210000pa.my wife is also a class three with income of 250000.i am comong in creamy layer or not please help
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AMAN
@ 04.05.2011 17:41 IST
Sir I want know is there any circular describing PSU employees equivalence or comparability of posts vis-à-vis posts in Government from which equivalence has been evaluated , if so can i get such circular and the details there of.
thanking u
Sir I want know is there any circular describing PSU employees equivalence or comparability of posts vis-à-vis posts in Government from which equivalence has been evaluated , if so can i get such circular and the details there of.
thanking u
Deep
@ 04.05.2011 17:51 IST
Respected sir
My father is a PSU class I employee but he get this after the age of 40 years. His annual salary is around 6 lacs. When I see the rules, the rule no. 9 said that for psu emloyees salary income is counted which contradict the rule which tells that salary income is not counted. Sir please give clarification on this that can I got the obc certificate?
Thanking you
Respected sir
My father is a PSU class I employee but he get this after the age of 40 years. His annual salary is around 6 lacs. When I see the rules, the rule no. 9 said that for psu emloyees salary income is counted which contradict the rule which tells that salary income is not counted. Sir please give clarification on this that can I got the obc certificate?
Thanking you
B.SURYA RAO
@ 05.05.2011 13:12 ISTSir, First of all, one has to appreciate your efforts to clarify the most common doubts of public w.r.t creamy layer rules for OBC..
I belong to BC as per AP State and Central List. I started my career as Accountant in AP State PSU in 1989 and then joined Central PSU as Junior Manager in 1991 with pay scale of Rs.2500-120-4300. At the the age of 40, i was in the post of Manager by promotion(s) and presently as AGM. There is no seperate classification among the officers in our company and have classified all employees into 4 clusters as below;
All officers i.e 11 levels into Group -A; Foreman/Supervisors into Group-B; Technicians (skilled employees)into Group-C; Khalasis (unskilled employees) into Group-D.
When I contacted the personnel dept. of our co., they are not clear about classification of officers comparing with various classes of central/state govt. officers. Going by these inputs, please clarify whether my son is entitled for NCL-OBC for AIEEE admissions. Your reply would help a lot to me in this regard and i would be very thankful at you for your reply with all details at the earliest.
Thanking you,
B.Surya Rao
B.SURYA RAO
@ 05.05.2011 13:15 ISTSir, I forgotten to mention that my wife is not an employee of any institution and she is housewife since beginning...
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