• OBC NCL eligibility

Hi sir,

Myself Guhan from tamilnadu. My father directly recruited as teacher(Group B) and my mother joined as Consolidate BT assistant in 2004 and got regularized in 2006. From 2004-2006 she got the fixed pay of 4000 without any allowances like DA etc. After 2006 when she got regularised she came under group b category. Then what will be her group while joining(As she joined with colsolidated pay does she comes under group C). And am i eligible for OBC NCL if my father is group b and my mom is group b promoted from group c?
Asked 3 months ago in Labour

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13 Answers

1) appointment letter issued by your mother employer would mention which grade your mother joined 

 

2) you would be eligible for OBC NL if mother joined in group C and got promoted to group B 

 

3) 

 as per the Central creamy layer criterion II & III dated 08.09.1993 only the sons and daughter of following “government servants” will be treated as creamy-layer.

(i) Parents, either of whom is a Group-A officer. (Direct Recruitment)

(ii) Parents, both of whom are Group-B officers. (Direct Recruitment)

(iii) Parents of whom only the father is a Group-B officer and he gets into Group-A at the age of 40 or earlier.

Ajay Sethi
Advocate, Mumbai
97220 Answers
7850 Consultations

We cannot state whether your mother joined in group B or C 

 

Ask her employer to state which grade mother joined 

Ajay Sethi
Advocate, Mumbai
97220 Answers
7850 Consultations

- As far as the Government employees are considered, the entry cadre/post is to be taken into consideration, and salary and agricultural income are not to be considered as income for calculating annual income for creamy layer status.

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. If both of the parents are class 2 then their kids won't be eligible for OBC quota , and in case of one only , then the child would be off from creamy layer and they can avail benefits of quota

3. If father was recruited direct to class 2 positions and then prompted to class 1 before age of 40 than it would be no longer NCL. However this scenario only applies to father not the mother

- The government servants who don’t fall under this category are all non-creamy layer.

- 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 under group B m, and mother is promoted in group B, then you are eligible to get non-creamy OBC Certificate.

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Dear Client,

In your case, your mother was recruited as a Consolidated BT Assistant in 2004 on a fixed pay, which probably categorizes her under Group C at that time, since consolidated pay is more or less associated with lower categories. However, the moment she was regularized in the year 2006, she was placed under Group B, as that indicated her position after regularization with pay scale benefits and allowances.

For OBC-NCL Eligibility: If your both parents are Group B officers and no one of your parents has been promoted to a higher level than Group B, you fall within the category of OBC-NCL according to the eligible criteria of the Government of India. You may visit the official website for guidelines on parental employment in Group B with reference to OBC-NCL.

Thank you.Hope this answers your query.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

Children of government servants are not considered to be in the creamy layer for OBC reservation if their parents meet the following criteria:

  • Both parents are directly recruited Class I/Group A officers
  • One parent is directly recruited Class II/Group B officer and the other dies or becomes permanently incapacitated
  • Both parents are directly recruited Class II/Group B officers.

If your mother was confirmed in the post of Group B as per appointment letter then it would be termed as Group B cadre only. 

As per rules, group category A & B (Service Category), the son(s) and daughter(s) of Group A/Class I Officers and both the parents of Group B/Class II Officers only are excluded from availing the the benefit of reservation.

All other Officers i.e. if only one of the parents is a Group B/Class II Officer and all the Officers below the Category II Officers are entitled to avail the rule of reservation unless their other income other than the salaries and agricultural land exceeds the income criteria limit prescribed.

T Kalaiselvan
Advocate, Vellore
87420 Answers
2348 Consultations

The appointment letter given to your mother will be the authority to confirm her employment status. 

Her previous employment on consolidated basis will not be counted as her service hence you may confirm the group of her employment at the time of joining the government service as a permanent employee.

T Kalaiselvan
Advocate, Vellore
87420 Answers
2348 Consultations

You have stated that she was appointed in a consolidated salary initially which is not a permanent employment and it is not confirmed that her two years service period from 2004-2006 has been added to her service for the purpose of seniority and promotion, if not then then her service will be reckoned from the date of permanent employment, hence she has joined the service as a group B employee, in that case you may not become eligible for non Creamy layer reservation under OBC.

You can confirm the details from your mother about her employment status when she joined the service and ascertain the details and facts.

T Kalaiselvan
Advocate, Vellore
87420 Answers
2348 Consultations

You can ask your mother to confirm the same from her office, they will let her know the proper details, you may not be able to find the details outside.

T Kalaiselvan
Advocate, Vellore
87420 Answers
2348 Consultations

You can seek necessary clarification from state education department 

Ajay Sethi
Advocate, Mumbai
97220 Answers
7850 Consultations

We cannot confirm whether your mother comes under group C or D at time of joining service 

Ajay Sethi
Advocate, Mumbai
97220 Answers
7850 Consultations

- She can get the correct information from her department, however as she was getting consolidated fixed pay it means that she comes under group C. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Dear Client,

 

Let me make it clear to you that just because your mother started receiving a consolidated pay of ₹4000/- she cannot be regarded as belong to Group C or D in Tamil Nadu. She entered by Through Teacher Recruitment Board TRBs in the year 2004, her services were regularized from 2006 and going by the pay structure relevant to her time her designation was probably in Group C. Group C assignments are normally prescribed by certification and generally are not related to manual work, whereas group D is generally for manual job posts. As to confirm the classification as per Annexure II it would be advisable to crosscheck such papers like appointment letters and joining orders from the TRB. She can also seek advice from an attorney, who is conversant with the employment laws in Tamil Nadu to get a clear stand of her legal right.

 

Hope you find this answer helpful in resolving your problem.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

Yes you are eligible 

Prashant Nayak
Advocate, Mumbai
32660 Answers
206 Consultations

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