Dear Ganesh,
If your father income from other sources is less then 4.5 lakhs than You are Non Creamy Layer.
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.
Source:
www.obcguru.com/uploads/OBC_CREAMY_LAYER_CLARI._Govt_Servnt.pdf
The eligible OBC candidates are not getting caste certificate due to misinterpretation of creamy layer criteria Dt. 08.09.1993, especially in case of sons/daughters of government servants.
NORMALLY AN OBC CANDIDATE HAVING PARENT’S SALARY INCOME ABOVE Rs. 4.50 LAKH DONT TRIES TO GET OBC NON-CREAMYLAYER CASTE CERTIFICATE, WHICH IS A TOTALLY WRONG CONCEPT.
In creamy-layer criteria issued by Ministry of Personnel (DOPT) Government of India New Delhi vide O.M. No.36012/22/93-Est. (SCT) dated 8.9.1993 (also adopted by Supreme Court in recent judgment on Civil writ petition no. 265/2006 of 27% obc reservation in Central higher educational institutions) following important point is misinterpreted due to which whole country is confused including OBCs and authorities issuing the caste certificate.
(1) Actually the annual income limit of Rs. 4.50 lakhs is not applicable to “government servant’s salary income” & “farmer’s agricultural income”. It is the limit for “business income” only.
(2) In rule- (6) showing the creamy-layer annual income criteria of Rs.4.50 lakhs following
explanation is already given:
“Income from salaries or agricultural land shall not be clubbed with total income”
It means that income from salaries and agricultural land both will not be added with the annual income because to determine creamy layer status there are separate rule number (2) & (3) provided on the basis of “post held” for salaried persons & rule number (5) of “land holdings” for persons holding agricultural land. Hence they cannot be checked by salary/agricultural income.
(3) The criterion (2) & (3) clearly speaks that only the sons and daughter of following “government servants” will be treated as creamy-layer.
(i) Parents, either of whom is a Class I officer. (Direct Recruitment)
(ii) Parents, both of whom are Class II officers. (Direct Recruitment)
(iii) Parents of whom only the father is a Class II officer and he gets into Class I at the age of 40 or earlier.
(iv) In military, colonel and above.
“
Other than the above 4, all the government servants are not creamy-layer.”
(4) The criteria (5) clearly speak that only following “farmers” will be treated as creamy-layer.
(i) Having, only irrigated land which is equal to or more than 85% of the statuary ceiling area. (ii) The rule of exclusion will not apply if the land holding of a family is exclusively un-irrigated.
A very clear creamy layer clarification regarding not to include salary and agricultural income vide DOPT O.M. dated 14 October 2004 Para-10, is also available on website WWW.OBCGURU.COM.
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Source:
www.obcguru.com/uploads/OBC_CREAMY_LAYER...NOT_ONE_06__RULE.pdf
Actually there are 6 rules in creamy layer criteria (Central) Dated 08.09.1993, like rule of ‘post’ for service category & rule of ‘land’ for farmers instead of having a single annual income rule. As per these 6 rules mainly the sons & daughters of followings are creamy layer-
(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 whos 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.
Note- For details see Central creamy layer criteria of Govt of India Dt. 08.09.1993
(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.
( (iii) Rule (II), creamy layer determination of employees under PSUs, Banks, Insurance Organisations, Universities, etc. will be done on equivalent or comparable basis to government posts irrespective of any salary income.
(5) To get OBC reservation in central posts or central admissions like IAS, IPS, BANK, RALWAYS, IIT, NIT(AIEEE), AIIMS, AGRICULTURE, MEDICAL COLLEGES & CENTRAL UNIVERSIY etc. a separate OBC certificate is required on the basis of central list of OBCs issued by Govt of India in central format (available in every Employment News). As some of the state OBC castes are not included in central list of OBCs & at many places there is a difference between state & central creamy layer criteria, the state OBCs certificates are not allowed in central reservation
Anil
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