Clarification on OBC reservation and creamy layer status
Please clarify if son /daughter of Parents falling under Service category are entitled to get OBC reservation under following condition:-If Father was Directly Recruited class I/Group A officer and died during service period and Mother is serving Class iii/Group C employee .Mother has now been directly recruited on Class I/Group A post under Widow reservation at age of 55 years. If Mother joins Class I/Group A post at age of 55 years, what effect would be on OBC reservation status of son /daughter. Conditions applied- Both Parents neither had nor mother currently has any source of income other than salary and pension. Both parents have not served in any International organizations. It has been mentioned in OBC annexure for creamy layer rules that children of parents died during service period or promoted to Class I/Group A post after 40 years of age will not be included in creamy layer, but I want specific rule regarding direct recruitment after 40 years of age and creamy layer status
There are different -different interpretations and as far as reservation of creamy layer is concerned it has to be seen in a new perspective as your case is different then that of usual cases to which one administrative move come across but court is empowered to define the rules in required conditions more would be clear after observing documents.
Advocate Devesh TripathiTulsi Das Marg, Jaipur
Answer of Query Response (39388) Please first you clear it that your father or mother was center govt. servant. If they were state govt. servant , then whose state govt. servant. Because all state are make service rules not equal.
Advocate Govind DudyPawanpuri, Bikaner
Please refer to the Notification No. - F.28(93)/91-92/SCST /P&S/4385-95 dated 20-01-1995 of Govt. of NCT of Delhi, wherein 53 Castes have been notified as Other Backward Castes (OBCs).
If you fall within such category then you will be eligible for said certificate
Advocate Siddhant SharmaGreater Kailash-1, Delhi
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