• Regarding OBC-NCL

I am OBC can my son get obc-ncl category as i am central govt employee 1) joined as category 'c'
2)spouse central govt employee (she also joined category 'C') 
3) Now I am Group A employee (became Group A after 44 year of age)
4) Spouse is now group B employee.
5) combine salary more then 20lakhs 
if yes how to get OBC-NCL certificate
Asked 7 years ago in Constitutional Law

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15 Answers

Your son would be entitled to OBC NL certificate as you joined as group C and was promoted to group A after 40 years

2) your income and wife income is immaterial

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) If your salary is above 08 lakhs per annum for last 3 consecutive years , than your son will not entitled for OBC NCL certificate.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

OBC Certificate

1. What documents are required ?

Complete Application form

AADHAR No. is not compulsory., if AADHAR No. is not available, provide any one of the idendtity proof PAN/PASSPORT/Driving Licence/Voters Card. The name of the applicant on the AADHAR card should match with Name of the Applicant.

Self declaration in prescribed Performa(Self declaration from the major if the children are bolow the 18 years).

The photograph of the applicant will be captured through web camera at the time of submission of application or at the time of verification. the Photograph of the applicant should match with photo of the applicant on the AADHAR.

Supporting document for the present residential proof like Voter Card, Electricity Bill, Water Bill, Telephone Bill etc.

A copy of OBC certificate of father, brother, sister or of his/her blood relative from paternal side, if available.

Supporting document of residential proof

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Even if combined salary is more than rs 20 lakhs your son would be eligible for obc NL certificate as status is considered and not income for government employees

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Your son shall be eligible for obc NCL certificate as criteria for obc ncl for salaried government employees is the post not the salary.

(i) parents, either of whom is a Class I officer (direct recruits)

(ii) parents, both of whom are Class II officers (direct recruits)

(iii) parents of whom only the father is a direct Class II officer and he gets into Class I at the age of 40 or earlier.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

For making certificate you have to approach the SDM/Taluka officer you need to fill the form for obc NCl along with requisite documents and your son shall be issued an OBC ncl certificate.The requite documents mentioned in form has to be attached and the form has to be submitted.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes, your son is eligible for NCL OBC certificate.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Your son is eligible for OBC NCL certificate.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You may get the OBC certificate. But due to salary more than 8 lacs, OBC benefit may not be given.

Jai Bansal
Advocate, New Delhi
198 Answers

1) Combined salary of parents won't be counted here.

2) Only father's salary will be counted. If father's salary is more than 8Lakhs pa for 3 consecutive years.

3) Your son will not be eligible for OBC NCL certificate.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Do I Belong To Creamy Layer Or Non-Creamy Layer?

Many of us will have a doubt while applying for UPSC Civil Service Exam or CAT exam or any central government exams that

Will I come under OBC Creamy Layer or Non-Creamy Layer?

I belong to Backward class in my State Under what category, will I fall in the central list (OBC Creamy Layer or Non-Creamy Layer)?

To tell answers for these questions in a simple manner

—->

OBC Creamy layer—-Who has yearly income more than 8 lakhs or Government Employees of greater than class 3 are not eligible for OBC Quota.

OBC Non-Creamy layer—– Who has a yearly income below 8 lakhs or Government Employees of Class 3 or below class 3 officers are eligible for OBC Quota.

But some of us won’t get satisfied with this answer. When I had the same doubt I have undergone some searches and found this detail in NCBC(National Commission For Backward Classes) Website. So Now I’m Posting this in my blog attaching an official announcement PDF file from NCBC.

Note: Recently Government of India has increased the yearly income limit to 8 lakhs so now many can claim for reservation under OBC non-creamy layer.

In this table, there are various categories of jobs. If your Father/Mother is working in any then you come under Creamy layer. Please note that only if your Father/Mother is holding that post and not you or any other family member i.e Brother or Sister.

So check carefully whether Your Father/Mother working in any profession that is mentioned in the table. If you are not sure whether you belong to Creamy Layer or Non-Creamy Layer even after reading this table please feel free to call me.

Creamy Layer or Non-Creamy Layer:

This Table is Taken From NATIONAL COMMISSION FOR BACKWARD CLASSES (NCBC) official website

You belong to Creamy layer If your Father or Mother is

President of India;

Vice-President of India;

Judges of the Supreme Court and of the High Courts;

Chairman and Members of UPSC and of the State Public Service Commission; Chief Election Commissioner; Comptroller and Auditor-General of India;

Persons holding constitutional positions of like nature.

Both of them (Father and Mother) are Class I officers;

Any one of them (Father or Mother) is a Class I officer;

Both of them (Father and Mother) are Class I officers, but one of them dies or suffers permanent incapacitation;

Any one of them (Father or Mother) 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 Organization like UN, IMF, World bank, etc., for a period of not less than 5 years;

parents, both of whom are Class I officers die or suffer permanent incapacitation and before such death or such incapacitation of the both either of them has had the benefit of employment in any International Organization like UN, IMF, World Bank, etc. for a period of not less than 5 years; [This is not applicable to Sons and daughters of parents either of whom or both of whom are Class I officers and such parent(s) dies/die or suffer permanent incapacitation;]

parents, both of whom are Class II officers;

parents of whom only the father is a Class II officer and he gets into Class I at the age of 40 or earlier;

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 Organization UN, IMF, World Bank, etc., for a period of not less than 5 years before such death or permanent incapacitation;

parents of whom the father is a Class I officer (direct recruitment or pre-forty promoted) and the mother is a Class II officer and the mother dies; or suffers permanent incapacitation;

Parents, of whom the mother is a Class I officer (Direct Recruit or pre-forty promoted) and the father is a Class II officer and the father dies or suffers permanent incapacitation; [Not Applicable to : 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 Organization like UN, IMF, World Bank, etc, for a period of not less than 5 years before their death or Permanent incapacitation.]

Employees in Public Sector Undertakings, Banks, Insurance Organisations, universities who earn above 8 lakh per month.

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 mother 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 father and mother shall not be clubbed together;

(iii) if the mother 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.

Persons engaged in the profession as a doctor, lawyer, chartered accountant, income tax consultant, financial or management consultant, dental surgeon, engineer, architect, computer specialist, film artists and another film professional, author, playwright, sports person, sports professional, media professional or any other vocations of like status, who earn above 8 lakhs.

Persons engaged in trade, business and industry and earn more than Rs. 8 lakh.

(i) Where the father is in some profession and the mother is in Class II or lower grade employment, the income/wealth test will apply only on the basis of the father’s income.

(ii) If the mother is in any profession and the father is in employment in a Class II or lower rank post, then the income/wealth criterion will apply only on the basis of the mother’s income and the father’s income will not be clubbed with it.

Property Owners

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 precondition 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 precondition 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 dis-entitlement would occur.)

(ii) The rule of exclusion will not apply if the land holding of a family is exclusively unirrigated.

Property Owners

Plantations like Coffee, tea, rubber, Mango, citrus, apple plantations, etc.Earn more than Rs. 8 lakhs or holds land above limit as mentioned in point 20.

Vacant land and/or buildings in urban Agglomerations. where as Building may be used for residential, industrial or commercial purpose and the like two or more such purposes.

Son(s) daughter(s),(a) Persons having a gross annual income of Rs. 8 lakh or above or possessing wealth above the exemption limit as prescribed in the Wealth Act for a period of three consecutive years.

(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

Note: Meaning for Permanent incapacitation is an incapacitation which results in putting an officer out of service.

In Short:

If your Father or Mother is working in Government as a class 2 employee or above, then you belong to OBC Creamy layer.

If your parents earn more than 8 lakh you fall under OBC Creamy layer.

Please don’t forget that your salary or your wife/husband is not considered for layering.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

No Sir, as it requires that the parents salary should not be more than 8 lakhs for your children to be included in the OBC-NCL category.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

You are very much eligible for getting your ward admitted availing the concessions available for OBC NCL category.

Since you became class I employee at age of 44 years and also the salary income is not taken into consideration for computing annual income, you are very much eligible.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

For getting this certificate you may approach your jurisdictional Tehsildar.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The total family income should be 8 lakhs for OBC NCL status

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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