You have joined the central PSU as an officer and your spouse was promoted to officer at the age of 30 years, therefore you both fall under creamy layer.

No doubt the salary of government employees are not taken into consideration for computing annual income of the family but the official designation is the barrier or hurdle.

Since, as per your contention, you and your spouse are class I officers in the governmental organisations, that too you joined as an officer directly and your spouse was promoted as officer at the age of 30 years, you come under creamy layer hence not eligible for non creamy layer reservation.

You might know that the Commissionerate of Revenue Administration (CRA) has instructed the District Collectors to duly sensitise authorities over issuing the Other Backward Classes (OBC) non-creamy layer certificate to eligible wards of employees serving in public sector undertakings (PSUs).

The Government of India has evolved the criteria for exclusion of certain socially advanced persons/sections from the benefits of reservation available to OBCs in civil posts and services under the Government of India and this is called the “Creamy Layer criteria”

Who are covered under Creamy layer of OBC Quota

(I) V.V.I.Ps.- President, Vice-President, Judges of the Supreme Court and of the High Courts etc.
(II) Government or PSU employees of Central or State-
(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.
(III) In military, parents, either of whom is in the rank of Colonel and above.
(IV) Persons engaged in Profession, Trade and Industry whose last three-year’s separate annual income is more then Rs. 4.50 lakhs per year.
(V) Families owns agriculture land having (i) ‘irrigated land’, more than 85% of the statutory ceiling area or (ii) The rule of exclusion will not apply if the land holding of a family is exclusively unirrigated.
(VI) Persons having separate gross annual income of Rs. 4.50 lakhs per year or above for a period of last three consecutive years excluding income from salaries & agricultural land.

Special Note

1)For Rule no. (IV) & (VI) the annual income limit enhanced to Rs. 4.50 lakhs. (O.M. dated 14.10.2008)
(2) Important creamy layer Clarifications by Government of India Ministry of Personnel (O.M. dated 14.10.2004)-
(i) To determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs.4.5 lakh per annum, income from agricultural land is more than Rs.4.5 lakh per annum, but income from other sources (business) is less than Rs.4.5 lakh per annum, the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth Test.
(ii) The creamy layer status of a candidate is determined on the basis of the status of his parents (Father-mother) and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account.
(3) There is no any column to show the ‘salary-income’ or ‘agriculture-income’ in application format prescribed by Govt of India to be produced in Tehsil to get central OBC caste certificate.
(4) As per Central creamy layer criteria Dt. 08.09.1993-
(i) Rule (II) (ii), if parents, either of whom is a direct Class II officer or parents, either of whom is a direct Class II officer & another is a Class III employee or parents, both of whom are Class III employees the candidate shall not be treated as creamy layer & will be eligible for OBC reservation irrespective of any salary income.
(ii) Rule (II) (iii), if parents of whom only the father is a direct Class III employee and gets into Class I at the age of 40 or earlier the candidate shall not be treated as creamy layer & will be eligible for OBC reservation irrespective of any salary income.


The OBC certificate consists of two parts –
First part indicates that the concerned person belongs to a community listed as OBC.
The second part indicates that the candidate does not fall in the creamy layer.
While the OBC status of a candidate may change only when the community of the concerned candidate is removed from the OBC list, In view of it, it is not possible to determine a fixed validity period for the OBC certificate.
Non Creamy Layer certificate issue between 1st April 2012 to 31st March 2013 is valid for [deleted] to [deleted]. (i.e. financial year 2012-2013). After that you have to take New one.NCL is valid for one Financial Year.

Your child likely belongs to the OBC NCL category. However, detailed discussion is required in such cases with complete set of documents. 

You may contact my secretary to connect with me for clarification. 

The salary of a public sector undertaking employee should not be taken into account while deciding whether his children are ruled out of OBC reservation by the creamy layer clause, Madras High Court has ruled,

1. Eligibility for OBC Non-Creamy Layer:

   • According to the DPE Circular dated 25th October 2017, the child of an employee who is an executive (even if at a managerial or board level) may still be eligible for OBC Non-Creamy Layer status if the family's annual income, excluding salary, is below Rs. 8 lakh.
   • Since your family income excluding salary is below Rs. 8 lakh, and your spouse holds a lower level position (Clerk to Officer), the income criteria are met for the Non-Creamy Layer.
   • 
     Key clarification: Even if the parent holds a managerial position (like General Manager), as long as the income excluding salary is below Rs. 8 lakh, the child can be eligible for the Non-Creamy Layer status.

2. DPE Circular and Creamy Layer Criteria:

   • Your understanding is correct. The DPE circular exempts those whose income (excluding salary) is less than Rs. 8 lakh from being classified as falling under the creamy layer, even if the parent is at a senior executive or managerial level.
   • Thus, based on this proviso, your child is likely eligible for OBC Non-Creamy Layer status because the family's income excluding salary falls below Rs. 8 lakh.

To summarize, your child should be eligible for the OBC Non-Creamy Layer status, provided the family income excluding salary is below Rs. 8 lakh, and the parent's position in a public sector organization does not automatically disqualify the child due to income criteria.

Yes he in NCL

- As per the latest guidelines  now the wards of employees of PSUs and State PSUs (who are not in Groups A and B) would be eligible to get OBC non-creamy layer certificates.

- The income criteria is not considered in case of a government employee.