Clarification on Creamy Layer determination for OBC

This is to seek clarification regarding determination of creamy layer for Other Backward Classes(OBC) Employees for PSU employees. As per OM No.36012/22/93-Estt. (SCT) ,Government of India Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) dated 8th September, 1993,(attached) PSU Employees are categorized in schedule II C. The rule of exclusion for this category is defined as “The criteria enumerated in A&B above in this Category will apply mutatis mutandi to officers holding equivalent or comparable posts in PSUs, Banks, Insurance Organisations, Universities, etc. and also to equivalent or comparable posts and positions under private employment, Pending the evaluation of the posts on equivalent or comparable basis in these institutions, the criteria specified in Category VI below will apply to the officers in these Institutions.” In my organization which is central government public enterpises (CPSE), a maharatna PSU company, equivalent or comparable post vis-à-vis government post is not yet defined. So exclusion criteria mentioned in category VI should apply. Exclusion rule defined for category VI is Son(s) and daughter(s) of (a) Persons having gross annual income of Rs. 8 lakh or above or possessing wealth above the Wealth Tax Act for a period of three consecutive years. (b) Persons in Categories I, II, III and V A who are not disentitled to the benefit of reservation but have income from other sources of wealth which will bring them within the income/wealth criteria mentioned in (a) above. Explanation: (i) Income from salaries or agricultural land shall not be clubbed; (ii) The income criteria in terms of rupee will be modified taking into account the change in its value every three years. If the situation, however, so demands, the interregnum may be less Question: I do not own any agricultural land and also do not have income from other sources. The only income I have is from salary. The clarification I needed is whether salary income will be taken into account for the purpose of establishing the creamy layer for issuing OBC certificate. This confusion is due to the way the rule of exclusion written for category VI. I also read many articles and orders issued on the subject. Still could not get any clarity on the subject. Everyone is interpreting is differently some say salary income is included and some have opposite views, hence seeking a legal clarification. I belong to Uttar Pradesh currently working in mumbai The certificate will be issued by Uttar Pradesh authorities.