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Need information about non creamy layer


14-Jun-2023 (In Labour & Service Law)
Both of my parents are of class 3 government employe , and their total income is greater than 6 lakhs. So can i take beneficial of non creamy layer?
Answers (1)

Answer #1
541 votes
As for as I concern you will not come in the category of non creamy layer becouse The Government of India has evolved and revised 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 as follows:-

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.

You will come and govern by condition no. (iv) and will come in the category of creamy layer and not non creamy layer so you are not entitled the benefits of reservation in service and education.

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