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Father Grade C employee will I fall under OBC creamy layer


22-Jun-2023 (In Documentation Law)
Sir my father income is more than 6 lack , he joined a govt service as a central govt employee of group d and after age of 40 he gets at position of group c , so i want to know whether i belong obc creamy layer or non creamy layer
Answers (1)

Answer #1
148 votes
In case of government servants or service holders, their salaries will NOT be the basis for creamy layer evaluation. Instead their status/CLASS/grades will be considered. And for those who do not fall under any of the enlisted categories, they will be tested under clause 6 which is Income/wealth test.
INCOME test: if the household has income more than 6 lakhs from sources other than salary /agricultural produce, then they are creamy layer.
WEALTH test: If they file wealth tax returns, then they are under creamy layer. (Wealth tax limit is 30 lakhs)
Now if the household with a centrally recognized obc caste doesn't fall under any of these criteria, then they can avail the non creamy layer obc reservation.
EXAMPLES
1) Mr Ashwin's father is a govt employee/ class 1 officer : He is a creamy layer candidate as his parent's status is mentioned in the excluded criteria
2) Mr Saurav's both parents are class 2: Creamy layer
3) Mr Amit's one parent is class 2 but mother is class 3 or 4: He doesn't fits in any of the criteria enlisted. Now he will have to refer to the income/wealth test criteria.
*If Amit's family income OTHER than his parent's salaries (even if more than 6 lakhs) and any agricultural source, is more than 6 lakhs (let's say a side business), then he is a creamy layer candidate. If  less than 6 lakhs then non creamy.
*If Amit's parents file wealth tax returns (it is applicable only for those with net wealth higher than 30 lakhs), then he is creamy. If they don't then he is not creamy. Moreover don not get confused with the net wealth definition. While evaluating net wealth, there are many clauses like the value of your house you are residing can be equated to nil, as per clause v of wealth tax act. The government rate of your land will be considered and so on.

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