Non creamy layer criteria for state government contractual employees
2 years ago
Dear Sir, Both my parents are working with government of Bihar on contractual basis (not direct recruits). My father joined after age of 40. Their combined salary as of date exceeds 8 lakhs pa. Will I be considered under non-creamy layer or not.
A.Dear Client,
In order to qualify as an OBC non-creamy layer candidate, the applicant's parents' annual income should be less than Rs. 8 lakhs. Salary and agricultural income are not to be considered as income for calculating annual income for creamy layer status.
Hope this clarifies your query.
Thank you!
In order to qualify as an OBC non-creamy layer candidate, the applicant's parents' annual income should be less than Rs. 8 lakhs. Salary and agricultural income are not to be considered as income for calculating annual income for creamy layer status.
Hope this clarifies your query.
Thank you!
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Highcourt Advocate Chirivella Chandra Sekhar(CHANDU)
Responded 2 years ago
A.1)Income Limit of determining the Non-Creamy Layer Status of OBCs
In order to qualify as an OBC non-creamy layer candidate, the applicant’s parents’ annual income should be less than Rs. 8 lakhs.
Salary and agricultural income are not to be considered as income for calculating annual income for creamy layer status. As far as the Government employees are considered, the entry cadre/post is to be taken into consideration.
While applying the “Income/Wealth Test” to determine the creamy layer status of any candidate, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from other sources other than the salary and agriculture exceeds the income limit, then only the candidates shall be treated as Creamy Layer.
2)Note: When the creamy layer concept was introduced, the income limit was set at Rs 1 lakh per annum (1993). Thereafter, it was raised to Rs 2.5 lakhs p.a (2004). It was subsequently increased to Rs 4.5 lakhs p.a. in 2008 and then to Rs 6 lakhs p.a in 2013. The current limit is Rs.8 lakhs per annum.
3) Who is the authority to issue the OBC Non-Creamy Layer Certificate?
Usually, the Non-Creamy Layer Certificate is issued by the Tahsildar of the concerned State Government. The procedure for obtaining the Non-Creamy Layer Certificate may differ from State to State.
3)
Will the candidate’s Income be also included while determining the family income with respect to Non-Creamy Layer status?
You may note that ”Income” here refers only to the income of the parents and not the candidate’s income.
The creamy layer status of a candidate is determined on the basis of the status of his/her parents and not on the basis of his/her own status or income or that of his/her spouse (husband or wife). Therefore, while determining the creamy layer status of a person, the status or the income of the candidate himself or of his/her spouse (husband or wife) shall not be taken into account.
In short, the candidate’s income is not considered for determining the Non-Creamy Layer Status of OBCs.
In order to qualify as an OBC non-creamy layer candidate, the applicant’s parents’ annual income should be less than Rs. 8 lakhs.
Salary and agricultural income are not to be considered as income for calculating annual income for creamy layer status. As far as the Government employees are considered, the entry cadre/post is to be taken into consideration.
While applying the “Income/Wealth Test” to determine the creamy layer status of any candidate, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from other sources other than the salary and agriculture exceeds the income limit, then only the candidates shall be treated as Creamy Layer.
2)Note: When the creamy layer concept was introduced, the income limit was set at Rs 1 lakh per annum (1993). Thereafter, it was raised to Rs 2.5 lakhs p.a (2004). It was subsequently increased to Rs 4.5 lakhs p.a. in 2008 and then to Rs 6 lakhs p.a in 2013. The current limit is Rs.8 lakhs per annum.
3) Who is the authority to issue the OBC Non-Creamy Layer Certificate?
Usually, the Non-Creamy Layer Certificate is issued by the Tahsildar of the concerned State Government. The procedure for obtaining the Non-Creamy Layer Certificate may differ from State to State.
3)
Will the candidate’s Income be also included while determining the family income with respect to Non-Creamy Layer status?
You may note that ”Income” here refers only to the income of the parents and not the candidate’s income.
The creamy layer status of a candidate is determined on the basis of the status of his/her parents and not on the basis of his/her own status or income or that of his/her spouse (husband or wife). Therefore, while determining the creamy layer status of a person, the status or the income of the candidate himself or of his/her spouse (husband or wife) shall not be taken into account.
In short, the candidate’s income is not considered for determining the Non-Creamy Layer Status of OBCs.
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A.Dear Sir,
If they are earning more than Rs. 8.00 Lakhs per annum then you are not entitled for such benefits.
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A.Dear Client
As per the rule if your family income is more that Rs. 8.00 lacs then you will be considered as belonging to the creamy layer. You can not take benefits of the OBC reservations in this case.
As per the rule if your family income is more that Rs. 8.00 lacs then you will be considered as belonging to the creamy layer. You can not take benefits of the OBC reservations in this case.
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