Obc nc layer
aarun
(Querist) 05 September 2014
This query is : Resolved
Dear Sir/Madam,
My father is a Group C employee in railways and his salary exceeds 6 lacs per annum. Am I eligible for OBC non creamy layer?
My application was rejected, If I am eligible what shall I do further.
Thanking You
Isaac Gabriel
(Expert) 05 September 2014
Authorities cannot violate the rules.Pl.check up whether the salary exceeds the limit excluding the allowances etc.,
aarun
(Querist) 05 September 2014
What shall I do if the salary do not exceed 6 lacs after excluding the allowances
aarun
(Querist) 05 September 2014
Sir, I wanted to file RTI regarding the same.
Kindly advice me what should be my RTI Query.
malipeddi jaggarao
(Expert) 05 September 2014
Dear aarun,
You are not eligible for non-creamy layer reservations. The latest revision in the limit is Rs.6 lakh only. Since your father's income is above Rs.6 lakh you are not eligible. There is no use in fighting and filing RTI etc. The following is the notification:
No.36033/1/2013-Estt. (Res)
Government of ndia
Ministry oi Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Bock, New Delhi,
Dated: the 27th May, 2013
OFFICE MEMORANDUM
Subject :- Revision of income criteria to exclude socially advanced persons/sections (Creamy Layer) from the purview of reservation for Other Backward Classes (OBCs)-reg.
The undersigned is directed to invite attention to this Department’s office memorandumNo.36012/22/93-Estt. (SCT) dated 8th September, 1993 which, inter-alia, provided that sons and daughters of persons having gross annual income of Rs.1 lakh or above for a period of three consecutive years would fall within the creamy layer and would not be entitled to get the benefit of reservation available to the Other Backward Classes. The aforesaid limit of income for determining the creamy layer status was subsequently raised to Rs. 2.5 akh and Rs. 4.5 Iakh and accordingly the expression “Rs.1 lakh” under Category-VI of Schedule to OM dated 8th September, 1993 was revised to “Rs. 2.5 lakh” and to “RS. 4.5 lakh” vide this Department’s OMs No. 36033/3/2004-Estt. (Res.) dated 09.03.2004 and dated 14.10. 2008 respectively.
2. It has now been decided to raise the income limit from Rs. 4.5 lakh to Rs. 6 lakh per annum for determining the creamy layer amongst the Other Backward Classes. Accordingly, the expression “Rs. 4.5 lakh” under Category VI in the Schedule to this Department’s aforesaid O.M. of 8th September, 1993 would be substituted by Rs. “Rs. 6 lakh”.
3. The provisions of this office memorandum have effect from 16th May, 2013.
4. All the Ministries/Departments are requested to bring the contents of this officememorandum to the notice of all concerned.
sd/-
(Sharad Kumar Srivastava)
Under Secretary to the Govt. of India
Rajendra K Goyal
(Expert) 05 September 2014
Agree with the expert malipeddi jaggarao.
aarun
(Querist) 05 September 2014
Jaggarao Sir thanks a lot for replying so patiently.
But in the notification
No. 36033/3/2004-Estt. (Res), Dated 14-Oct-2008, it was mentioned in the explanation that "Income from salaries or agriculture land shall not be clubbed"
Can you pls say what does this imply?
Thanking You.
malipeddi jaggarao
(Expert) 06 September 2014
You are misreading the notifications.
The explanation you are referring is related to Category IV.IN- PROFESSIONAL CLASS AND 3710SE ENGAGED LW TRADE. AND INDUSTRY.
Do not try to interpret the things in your own favour. You can download all the notifications making search in Google and read all together. Then you will understand properly.
V R SHROFF
(Expert) 06 September 2014
complete advise of Expert : malipeddi jaggarao
no more to add .
malipeddi jaggarao
(Expert) 06 September 2014
Thanks to Experts Shri Sudhirkumar & Shroff ji for your appreciation.
aarun
(Querist) 08 September 2014
Thanks a lot Jaggarao Sir.
My last question is am I entitled to OBC Nc layer after my fathers retirement?
Thanking you.
malipeddi jaggarao
(Expert) 08 September 2014
Definitely, if the income comes down to Rs.5 lakh or less than Rs.6 lakh.
T. Kalaiselvan, Advocate
(Expert) 08 September 2014
Expert Mr. Malipeddi Jagga Rao has properly addressed your query, nothing more to add.
malipeddi jaggarao
(Expert) 08 September 2014
I correct myself "...comes down to Rs.6 lakh or less than Rs.6 lakh".
It is a typographical error.
aarun
(Querist) 02 November 2014
Hello Every One,
My other doubt regarding OBC NC.
My father is going to retire on April 30, 2015, am I entitled to get the OBC NC layer certificate in the month of june/ july 2015?
malipeddi jaggarao
(Expert) 02 November 2014
Recalculate the income criteria at that time.
aarun
(Querist) 18 November 2014
Dear Jaggarao Sir,
The following few lines were taken from the website "http://obcguru2012.wordpress.com/2012/12/31/creamy-layer-some-facts/"
Misinterpretation
Most of the people in India misunderstand the concept of creamy layer. Following are some key points that usually misunderstood by the people.
"Rs. 450000 criteria will be applied only to business people but not to salaried people even if he/she is a salaried employee in the government/PSU/private organizations"
Is this correct? I am asking you this with due respect. Pls don't think the other way.
Thanking you sir.
