• Criteria for Inclusion in OBC Non-creamy layer(NCL) for Retired Pensioners

Dear Sir/Madam,

I am currently preparing for government examinations. I belong to the OBC category and wish to avail myself of the relevant reservation benefits. However, I seek clarification regarding the criteria for my inclusion in the OBC Non-Creamy Layer (NCL).

My father is a retired state government pensioner. He initially joined as a Class III officer and was subsequently promoted to Class II. Later, he was promoted to Class I rank, but only at the age of 54. Since this promotion occurred after the age of 40, I was previously eligible for inclusion in the NCL and accordingly availed of the OBC reservation as per the Office Memorandum regarding reservation for SCs, STs, OBCs, PwDs, and EWS in Central Government posts and services.

He retired at the age of 58 and currently has the following sources of income:

1. Monthly pension post-retirement.
2. Interest earned on Provident Fund and Gratuity received after retirement, plus some savings.
3. Monthly salary from a contractual position in the same government department where he worked. The contract is renewed every 11 months.

For the above scenario, there is no clear mention of rules in the office memorandum. Therefore, I am currently uncertain whether I can avail myself of the reservation. I wish to know if the rank criteria still apply or if the income criteria now apply. If the income criteria apply, which income sources are considered for a retired government pensioner to determine if they fall under the income limit?

I sincerely request your guidance and clarification on this matter.
Asked 4 months ago in Labour

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4 Answers

The retired government pensioner's pension and income from agricultural  sources will be excluded from the total annual income of the family while computing the income of the family members.

If his income from fixed deposits and interest income earned on the investment of PF and gratuity amount and the income out of the contractual employment (considered as private employment) exceed the threshold limit of Rs. 8 lakhs per annum for the last the consecutive three years, then you may not be eligible for OBC NCL category reservation. 

T Kalaiselvan
Advocate, Vellore
87436 Answers
2348 Consultations

- As per law, a Government Employee of Class III 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 was working under Class III , then even his tenure of job , you was entitled to get the non-creamy OBC Certificate.

- Hence, the same status will continue after the retirement of your father and his present income from the pension will not considered , and hence you are entitled for getting OBC-NCL certificate. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

You are entitled to OBC NL certificate as your father was retired state govt employee and at age of 40 was not class I officer 

 

2) his pension is not included in determining your non creamy layer status 

Ajay Sethi
Advocate, Mumbai
97243 Answers
7853 Consultations

Dear Client,

OBC NCL status is based on the job of parents or income, these marks are not decided discursively. Job is not only parameter. let’s say if your father get a class I Promotion after age of 40 then he will also be coming under as Non-Creamy Layer. Thus, as per this criterion you are still OBC Non-Creamy Layer. According to latest rules, Income limit for the unreserved candidates with no disability is Rs 8 lakh per annum. However, income from salaries & the agriculture land shall not considered as counting this revenue. It only does not consider revenue from incomes like business, professional income and other revenues. There is no income limit included for pension. This is because the pension counts as income, and any amount of salary will be excluded from deciding your apparent status for NCL purposes. Interest Income on Provident Fund, Gratuity and other saving may be included while calculating the limit of income. Nonetheless, this might only drive the overall income over Rs. 8 lakh thresholds (based on quantum of investment). Earnings of a contractual job even in the same govt department would be invariably salary income so. This should not affect your eligibility as salary income is excluded from the criteria of NCL. If the total interest income from PF, gratuity & savings is less than 8 lakh pa you may come under the scope of OBC NCL.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

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