• OBC NCL eligibility

My father is a direct class-B state government officer,but got promoted to class-A after his 40 years of age.and my mother is a house wife.will i be eligible for obc-non creamy layer status?my father’s annual salary is above 8 lakhs but i think salary is excluded from annual income for determining obc status.
And also while applying for any recruitment under upsc,under annual income of father should i include salary too after getting obc-ncl certificate?please resolve my query.
Asked 1 year ago in Civil Law

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8 Answers

you are entitled to OBC NL certificate as your father is govt servant and salary is excluded for determination  of non creamy layer status for govt servants 

Ajay Sethi
Advocate, Mumbai
97224 Answers
7850 Consultations

No, your understanding is incorrect. The income limit is Rs.6 lakh. Only agricultural income is exempted. In the circumstances, you do not qualify for benefits under the OBC-NCL category.

Swaminathan Neelakantan
Advocate, Coimbatore
2936 Answers
20 Consultations

You are not entitled to obc-non creamy layer status as yearly family income is more than 8 lakh. Any fraud or fabrication or concealment might invalidate your candidature and may put you behind bar. 

Siddharth Srivastava
Advocate, Delhi
1415 Answers

If your father is a government employee then the salary income will not be considered for commutation of annual income of family.

The periodical circulars and office memorandums issued by DOPT, for example even in the Office memorandum no. 36033/3/2004/Estt-Res dated 14.10.2008, it is clearly given that the income form salaries and agriculture not to be clubbed  in the income or wealth test. 

Besides he joined as Class B employee and got promoted to Group A after attaining 40 years of age, hence you are eligible for OBC NCL category reservation. 

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations

Dear Client,

You are entitled to an OBC-NCL certificate because your father is a government servant. The salary of government servants is excluded from the calculation of non-creamy layer status.

 

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

- The OBC Non creamy layer for the child of government employee is decided on two factors: By post or by class

1.If anyone of, father or mother is direct recruited class 1 servants than their children won't be eligible for NCL. But if he/she is promoted to class 1 then the kids will be eligible

2. Further, if father was recruited direct to class 2(Group B) positions and then prompted to class 1 before age of 40 than it would be no longer NCL. 

- Further, government Employees of Class 3 or below class 3 officers are eligible for OBC Quota., and the salary/ income of the government employees are not to be taken into consideration for considering the OBC NCL category certificate.

- Since, your father is a direct Class B , and recruited to Class A after the age of 40, then you are entitled to get the OBC NCL certificate

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

The eligibility for OBC Non-Creamy Layer (NCL) status for the child of a government employee depends on two factors: whether the parent is a direct recruited Class 1 servant or promoted to Class 1, and whether the parent was directly recruited to Class 2 (Group B) and then promoted to Class 1 before the age of 40. If either parent is a direct Class 1 servant, their children are not eligible for NCL status, but if the parent is promoted to Class 1, the children become eligible. Similarly, if the father was initially recruited to Class 2 and later promoted to Class 1 before turning 40, NCL status will not apply. Government employees of Class 3 or below are eligible for OBC Quota, and their income is not considered when determining NCL status. As your father was directly recruited as Class B and promoted to Class A after the age of 40, you are entitled to obtain the OBC NCL certificate.

Sanjeev Gupta
Advocate, Delhi
118 Answers
1 Consultation

Yes you are eligible 

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

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