Samatha India Comments

Manoj Shah: Creamy layer

2009-01-08T09:38:03Z

Dear 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: Creamy layer

2009-01-08T01:44:44Z

GREAT 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.

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: Creamy layer

2009-01-06T01:44:32Z

Gajadhar 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.

Gajadhar Mahato: Creamy layer

2009-01-05T20:40:52Z

sir,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: Creamy layer

2009-01-02T01:42:54Z

Dear 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.

prasad: Creamy layer

2009-01-01T17:34:30Z

sir, 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.

Raghunathan: Creamy layer

2008-12-26T12:54:08Z

TN notification:
http://www.tn.gov.in/stationeryprinting/gazette/II-1-47.pdf

Raghunathan: Creamy layer

2008-12-26T12:23:10Z

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: Creamy layer

2008-12-25T17:04:51Z

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.

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: Creamy layer

2008-12-25T16:54:13Z

Dear Raghunathan, You are correct. Problem regarding PSUs and Private empolyment should be solved.