Me and my wife are appointed as primaray teacher in basic shiksha parishad uttar pradesh.we both were promoted as assistant teacher in upper primary school in2009.we bothearn from salary rs6.50lakh perannum each.so total salary income is13lakh.my daughter is going to give central and state level engineering entrances.is she eligible to apply ncl obc certificate to get reservation?
Hello,
If the net salary of the family is more than 8 lakh then the child usually is not entitled to seek benefit of the non creamy layer, it will depend on the status of parents and also the fact that you are a government servant she can definitely claim the benefit of NCL-OBC.
Regards
Since you both are in government service, you are salaried class and hence, your income is not the criteria for determining the creamy later status of your daughter. For govt servants, their status is the criteria for determining NCL status of their children.
Thus, if neither you nor your wife is a class I employee; also, both of you are not direct recruits in class II, your daughter will be entitled to obtain a NCL OBC Certificate.
For govt servants status of parents is considered and not income
2) 1) as per the Central creamy layer criterion II & III dated 08.09.1993 only the sons and daughter of following “government servants” will be treated as creamy-layer.
(i) Parents, either of whom is a Group-A officer. (Direct Recruitment)
(ii) Parents, both of whom are Group-B officers. (Direct Recruitment)
(iii) Parents of whom only the father is a Group-B officer and he gets into Group-A at the age of 40 or earlier.
3) for government employees only their position in the office is the criterion for non-creamy layer status. Excluding all Class I employees and direct recruits of Class II cadre, all other govt. servants having income greater than 6 lakhs are still eligible for the OBC non creamy layer certificates
Dear Client,
Status of child for OBC creamy layer or non creamy decides by the income of father, and i think its 6 lacs in UP . so she cant take advantage of reservation under OBC non creamy.
Also confirm creamy layer limit in uttar pradesh.
Yes she can apply
The salary income of the working parents are not included for computation of annual income for considering the OBC NCL certificate.
If otherwise the other hings are okay she may be eligible under this reserved category
File for such application before Tehasildar, and it is Tehasildar that has to issue necessary certificate. It is ultimately Tehasildar that has to issue such certificate, and you will be knowing facts/regulations from him.
Sir, athourity is. denying to issue obc ncl in my case because annual income ismore than creamy layer limit i.e 8 lac.but aacoding to ur views my daughter is eligible for ncl obc certificate. i produced all g.o and related regulation but no conclusion is there.what can i do for same
Approach the High Court and file a writ of mandamus.
Contact a local Lawyer practising in the high court.
File appeal against order of authority rejecting your application for issue of OBC certificate
New creamy layer limit is effected from 1st September 2017. 6 to 8 lacs
Hon`ble Supreme court interpreters , Income of parents may be consider for deciding creamy layer,
If go through above interpretation, parents means both Father and Mother than no
Under what heads/comments, OBC NCL certi. has been rejected ?
Read below the Judgement - it may help u, if ur job category ( class) and age may match the relaxation provided to govt. employees.
New Delhi, Sept. 18: The salary of a public sector undertaking employee should not be taken into account while deciding whether his children are ruled out of OBC reservation by the creamy layer clause, Madras High Court has ruled, ending longstanding confusion.
The high court has rejected a central government clarification of 2004 that allowed low and middle-ranking PSU staff's salary to be counted while determining their possible creamy layer status while exempting government staff of similar rank.
Holders of constitutional posts and senior government officials - those recruited as Class I employees (such as IAS, IPS or Isro scientist) and those promoted to Class I before they turned 40 - automatically fall within the creamy layer.
In January this year, the Central Administrative Tribunal, Chennai, had ruled that the exemption the 2004 clarification gave to government employees should be extended to PSU employees too. The high court bench of Justices Huluvadi G. Ramesh and G. Jayachandran upheld the ruling on August 31.
The judgment is expected to provide relief to about 50 candidates who cleared the civil services exam in the past two years but have not yet been allotted posts because of confusion over the creamy layer calculation. These candidates' parents are PSU employees.
Reservation expert P.S. Krishnan said the children of lower-rung private sector employees too could move court, citing the Madras High Court order, to seek relief.
Candidates from the Other Backward Classes are eligible for 27 per cent reservation in government jobs and higher education seats unless ruled out by the income cut-off for the creamy layer, raised recently from Rs 6 lakh a year to Rs 8 lakh a year.
When the job reservations began in 1993, the Centre declared that the parents' income from their government salaries (for middle and lower-rung employees) or agricultural land would not count while deciding their creamy layer status. In 2001, the Supreme Court reiterated this.
This effectively meant that the creamy layer was made up mostly of businessmen, professionals like lawyers and doctors and middle and high-level employees of private firms.
As for PSU staff, the government had said the exemption would apply to them too once a criterion of equivalence was worked out between their positions and those of government employees (to leave out the senior PSU officers).
This equivalence was never worked out but the PSUs kept issuing yearly certificates to their staff declaring whether the posts held by them fell in Class I or Class II. The government continued to accept these certificates till 2016, giving the exemption to Class II staff and those promoted to Class I after the age of 40, despite the 2004 clarification.
But last year, the government suddenly invoked the 2004 clarification to reject about 25 candidates who had cleared the civil services exam, refusing to accept the certificates issued by the PSUs to their parents. This year too, two dozen successful candidates were kept waiting.
Some of the candidates approached the Chennai tribunal, whose judgment the Centre challenged in Madras High Court.
K.S. Dhatwalia, spokesperson for the Union department of personnel and training, has not responded to an email from The Telegraph seeking the government's reaction to the high court judgment.
The Union cabinet recently decided to work out the equivalence between government and PSU posts.
The authorities should not include the salary income for computing the annual income, if they do so, then they are at wrong.
You may make a representation to the higher authority i.e., with the collector, if need be you may take an audience with the collector and vent out your grievances in a letter format and seek his intervention, releif and remedy.
File a writ in the HC and seek a writ of mandamus for the authorities.
Regards