Need info on OBC non creamy layer status

916 votes

Hi,
As given by you , your father is central govt employee and mother is also in government school . So as per this you should know are they Grade A Or Grade B Officer and accordingly that will decide your creamy layer status. I have mentioned the excerpt from government notification below for your reference.

I am directed to invite your attention to the Schedule to this Department’s OM No.36012/22/93-(SCT) dated 8th September, 1993 which contains the criteria to determine the creamy layer amongst the OBCs.
In regard to the children of the persons in civil services of the Central and the State Governments, it provides that son(s) and daughter(s) of:

(a) parents, both of whom are directly recruited Class I/Group A officers;

(b) parents, either of whom is a directly recruited Class I/Group A officer;

(c) parents, both of whom are directly recruited Class I/Group A officers, but one of them dies or suffers permanent incapacitation;

(d) parents, either of whom is a directly recruited Class I/ Group A officer and such parent dies or suffers permanent in – capacitation and before such death or such incapacitation has had the benefit of employment in any International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 years;

(e) parents, both of whom are directly recruited Class I/Group A officers and both of them die or suffer permanent incapacitation and before such death or such incapacitation of the both, either of them has had the benefit of employment International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 years;

(f) parents both of whom are directly recruited Class II/Group B officer;

(g) parents of whom only the husband is a directly recruited Class II/Group B officer and he gets into Class I/Group A at the age of 40 or earlier;

(h) parents, both of whom are directly recruited Class II/ Group B officers and one of them dies or suffers permanent incapacitation and either of them has had the benefit of employment is any International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 year;

(i) parents of whom the husband is a Class I/Group A officer (direct recruit or pre-forty promoted) and the wife is a directly recruited Class II/Group B officer and the wife dies; or suffers permanent incapacitation; and

(j) parents, of whom wife is a Class I/Group A officer (Direct Recruit or pre-forty promoted) and the husband is a directly recruited Class II/Group B officer and the husband dies or suffers permanent incapacitation shall be treated as falling in creamy layer.

2. The Schedule further provides that sons and daughters of:

(i) parents either of whom or both of whom are directly recruited Class I/Group A officer(s) and such parents(s) dies/die or suffers/suffer permanent incapacitation;

(ii) parents both of whom are directly recruited Class II/Group B officers and one of them dies or suffers permanent incapacitation;

(iii) parents both of whom are directly recruited Class II/Group B officers and both of them die or suffer permanent incapacitation, even though either of them has had the benefit of employment in any International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 years before their death or permanent incapacitation shall not be treated to be falling in creamy layer.

Important Note –

If you belong to creamy layer because of the above conditions ,you will continue to fall in creamy layer even after your parents retire from service.
. YOUR INCOME/STATUS DOES NOT MATTER. Creamy layer is based on the status of your parents and has nothing to do with your income/status nor the status/income of your spouse.
. Eligibility regarding government employee is based upon his level, and not his salary. Example –If your parents are earning 7 lakhs and they are below group B officers ,you will still come under ‘NON CREAMY LAYER.’

Advocate Siddhant Sharma LawRato