1) your son would be entitled to non creamy layer certifcate as you have not been recruited as class 1 employee 

2) your wife is not working and you have been recruited as class 2 officer . your income is immaterial 

3) for govt employees status is considered and not income 

Go to the tehsildar and obtain the same.

get in touch with a local lawyer 

regards

If you belongs to OBC and your last three years income in not more than 8 lacs, certificate will issue. Apply at collector office.

if he is depedent and fulfills criteria of ncl certificate he will get the same

See you need to apply before the Tehsildar/mamlatdar in your jurisdiction for the OBC NCL certificate if you are under obc list and income criteria is as per rules you shall get the certificate.

Your son is entitled for reservation under the OBC (non-creamy layer) category. 

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.

Dear Sir,

The following information may kindly be read:

Criteria for Non-Creamy Layer

1. The annual income of the parents that includes salaries as well as income from other sources should not exceed Rs. 8 Lakhs.
2. None of the parents of the recipient should be a Group A / Class I Officer under the Central / State Government.
3. None of the parents of the recipient should belong to any service in any PSU, Bank, Insurance Company, Educational Institution or in private employment, comparable with Group A / Class I service under Central / State Government or holds any Constitutional post.
4. The person will be treated as belonging to non-creamy layer if none or only one of the parents is a Group B / Class II Officer under Central / State Government.
5. The person will be treated as the non-creamy layer, if none or only one of the parents belong to any service in any PSU, Bank, Insurance Company, Educational Institution or in private employment, comparable with Group B / Class II service under Central / State Government.
6. A person will not come under the non-creamy layer if parents of whom only the father is a Group-B officer gets into Group-A at the age of 40 or earlier.
7. For government employees, only their cadre in the office is the criterion for non-creamy layer status and not the income limit. All other government servants who are having income greater than 8 lakhs are still eligible for the OBC non-creamy layer certificates if they fall under class 3 cadre under Central or State Government.

Benefits of Non-Creamy Layer

Those belonging to the Non-Creamy Layer are eligible for all the benefits provided by the Government and other sectors for the reserved category, unlike the Creamy Layer.

Compared to the Creamy-Layer, Non-Creamy Layer section has better access to education, employment and sponsors of the government.

To know more about Non-Creamy Layer Certificate, Click Here

Eligibility Criteria for Maharashtra Non-Creamy Layer Certificate

To acquire the Non-Creamy Layer Certificate in the state of Maharashtra, the following conditions of eligibility should be satisfied.

1. The applicant should be a citizen of India.
2. The applicant should be a permanent resident of Maharashtra.
3. The applicant must belong to the said community/ class to be eligible.
4. The applicant must be an ordinary resident at the address currently residing
5. The annual income of the applicant’s parents (in case of a minor) or the yearly income of the applicant’s family should not exceed Rs.8 Lakhs including the income from other sources (Land, property, business).
6. The agricultural income is not included under consideration.
7. The applicant should comply with other criteria of non-creamy layer mentioned below.

Documents Required for Maharashtra Non-Creamy Layer Certificate

The list of documents to be attached with the application form is given below.

Mandatory Documents

1. Identity Proof- Voter ID card/ Passport/ Aadhar Card
2. Address proof- Electricity Bill/ Water Bill
3. Proof of caste for self – School leaving certificate mentioning caste / Bonafide certificate (mentioning caste) issued by school / self-attested Xerox of caste certificate / If uneducated birth registration extract / Caste and residence certificate issued by Sarpanch/Local Police/Corporator
4. Income proof – Income tax return for last 3 financial years, if the applicant is salaried or self-employed or businessman /Affidavit mentioning income for last 3 years / Income certificate from Tahsildar for 3 years, if the applicant is farmer or labourer
5. Affidavit for caste

Additional Documents to be Furnished

1. Property tax receipt
2. If proof of father’s caste is unavailable, a relative’s caste certificate and genealogical affidavit with details of relation to the relative
3. Caste certificate of applicant’s father issued by the competent authority in that state/district if the applicant has migrated from another district / state.
4. In case of married women,

   1. Proof of caste before marriage, as prescribed in point no. 3
   2. Proof of marriage – marriage registration certificate and name change notification in Gazette

5. If the applicant is Muslim (either of the following documents may be submitted)
6. An Investigation report of Tehsildar if his/her father’s caste certificate is not available
7. aste certificate issued by registered Muslim Societies
8. Proof of caste of a relative- Grandfather/Father/Brother/Sister/Uncle/Aunt or any other blood relation

   1. School leaving certificate
   2. Birth/death extract
   3. If in Government service, extract of the first page of service book
   4. Document certifying caste issued by the department of social justice

Competent Authority

The Revenue Department is responsible for the issuance of Non-Creamy Layer Certificate (OBC Certificate) in Maharashtra. Concerned Tehsildar of the applicant’s district processes the application. The Sub-Divisional Officer is the authorised official for the approval or the rejection of the application for non-creamy layer certificate in Maharashtra. Additional Collector is the First Appellate Officer and Collector is the Second Appellate Officer.

Service Charge

In Maharashtra, the service charge for the issuance of Non-Creamy layer certificate falls within Rs. 50.

Processing Time

The certificate will be processed and issued within the time limit of 21 days from the date of application.

Validity

Non-Creamy Layer certificate does not have a fixed validity period. Currently, the certificate issued by the authority has the validity of 3 years from the date of issuance.

Application Procedure for Maharashtra Non-Creamy Layer Certificate

The individual desiring to obtain the Maharashtra non-creamy layer certificate can apply in either offline or online mode.

Offline Application Process

The applicant should visit the office of Sub-Divisional Officer to apply for the certificate. The application form should collect the application form from the office or can download from the copy given below.

An obc ncl certificate can be obtained by y oi or son if you fulfil the criteria. Your income should be less than 8 lakhs. Specify whether you are a government employee or not and which class??class 1 and 2 come under obc creamy layer.

Regards 

You can very well get it since you are coming under the eligible category for the same.

If the authority is denying it then you may prefer an appeal agaisnt the decision before the district  collector for relief and remedy.