Since your combined income is more than Rs 15 lakhs your son would fall under OBC CL

If your income exceeded 8 lakhs for 3 consecutive years you fall into creamy layer

You can seek phone consultation from kaanoon. Com

Above rs. 800000 income holders are come under OBC creamy layer group

1. If the income exceeds the limit of Rs.8 lakh per annum for a period of three consecutive years, you will be treated to fall in creamy layer.

2. You are free to consult any lawyer from this portal by opting for 'Phone Consultation'.

1. Your joint income has far crossed the limit of Rs.8 lahs whcih was raised by the Government in the year 2017.

2. Your son is not eligible to avail, any facility provided to the OBC NCL category candidates.

1. Here you salary income itself has crossed the limit.

2. hence, your son will not get the benefit provided to OBC NCL category of candidates.

The income from salary and agricultural sources are generally not taken into account for calculating the maximum limit of Rs. 8 lakhs to decide about the criteria for eligibility for the certificate under OBC NCL.

As per

NATIONAL COMMISSION FOR BACKWARD CLASSES

NEW DELHI

SUPPLEMENTARY REPORT

ON

THE REVIEW CRITERION FOR DETERMINING THE CREAMY LAYER

AND

PROPOSAL TO FURTHER AMEND THE SCHEDULE (APPENDIX I)

TO THE GOI DEPT. OF PER. & TRG. O.M.NO.36012/22/93-Estt.

(SCT)DATED [deleted] AS AMENDED FROM TIME TO TIME

SUPPLEMENTING THE NCBC REPORT DATED [deleted].

in so far as the salaried employees working in the

Statutory Bodies, Autonomous Bodies, Universities, Private

Companies, Firms, Corporate Companies, Co-operatives and any other

Organizations, Bodies and Institutes, posts and positions under private

employment, etc., not covered in Category II ‘A’, ‘B’ or ‘C’ are

concerned, a separate Category II ‘D’ is proposed. The posts and

positions of the employees under Category II ‘D’ cannot be compared

or equated and therefore a comparable salary to that of Group B/Class

II Officer is taken into account. The salary of Group B/Class II Officer

depending upon the service ranges from Rs. 80,000/- to Rs.1,00,000/-

per month i.e., Rs.9,60,000/- to Rs.12 lakhs per year. Therefore while

applying the Rule of Reservation in respect of employees working in

the Statutory Bodies, Autonomous Bodies, Universities, Autonomous

Bodies, Private Companies, Firms, Corporate Companies, Cooperatives

or any other Organizations, Bodies and Institutes, posts

and positions under private employment, etc., not covered in Category

II ‘A’, ‘B’ or ‘C’, shall be taken into account after excluding the salary

of both the parents. Even if the average gross salary of Group B/Class

II Officer is taken into account at the rate of Rs.90,000/- per month,

the gross annual salary income would be Rs.10,08,000/- and therefore

if one of the parents is drawing salary of Rs. 9 lakhs and another

spouse is also drawing a lesser salary, say Rs.6 lakhs, the salaries of

both the parents on an average comes to Rs. 15 lakhs. That means

after deducting from the salary of both the parents an amount of

Rs. 15 lakhs and if the remaining amount exceeds Rs.15 lakhs, the

prescribed income limit under Category VI, their children will fall in the

Creamy Layer. As regards Category II ‘D’ employees are concerned,

the income limit mentioned in Category VI (a) shall be derived after

excluding a gross amount from the salaries of both the parents an

amount of Rs. 15 lakhs. This deduction would introduce parity and

equivalence between the Government Officers and all other salaried

employees whether from private or public sectors.

Based on the above explanations, if your salary income (combined) is > 15 lakhs, so you decide your limit and understand if you are eligible for the OBC NCL concessions.

.

Salary above 15 L and other sources more than set limit and wealth test all three together will determine CL or NCL.

Is is either of the criteria exceeding or all of them to exceed

As per the cited amendment the salary income of the private employees beyond 15 lakhs is considered as income for calculation of annual income of family to the threshold limit of Rs. 8 Lakhs, now you decide in what category you fall within.