OBC - NCL rules for government employee

Dear Client,
The eligibility for an OBC NCL certificate is determined based on the annual income of the applicant's parents if the income falls below Rs.8 lakh in a financial year. Regardless of the sectors of employment, either Public or Private, if the parents' income exceeds the threshold income limit, their son/daughter is not considered eligible for an OBC NCL Certificate. The wards of the central Govt. Employees and the employees themselves are eligible for the OBC NCL certificate if they meet the following criteria: 1) The Parents' income doesn't exceed Rs. 8 lakh per annum altogether. For the purpose of income, income from Salary and Agriculture should not be considered. 2) Group C and Group D employees even if their income exceeds 8 lakhs can apply for OBC NCL reservation because the salary and agriculture income is not counted as income. 3) If an employee becomes a Group A officer after his 40 years of age and income ( salary is not counted as income) below 8 lacks can also apply. 4) If the employee itself likes to apply for the higher post under OBC, Note only income of parents is counted for OBC status and not the applicants. As per the DOPT circular no. 36033/5/2004-EStt(Res) dated 14/10/2004, page 5, Clause 7, applicable to a government employee, it is clarified that if the father of sons or daughters is directly recruited in Class - III/Group C or Class - IV/Group D employees and he gets into Class - 1/Group -A at the age of 40 or earlier his sons or daughters shall not be treated to be falling in creamy layer category regardless of the income that exceeds the threshold limit of Rs.8 lakh p.a. The wards of Group C and Group D government employees, even if their income exceeds the threshold limit, can apply for OBC NCL Certificates because income from Salary and Agriculture is not counted as their income. So, when you meet the qualifying criteria, you can apply for an OBC NCL Certificate to the concerned authority.

Dear Client,

You are eligible for the OBC NCL status. Since your father belongs to an OBC caste and India follows the father's caste for reservation purposes, you fall under the OBC category, provided his caste is listed in the Central OBC list. Your father earns a modest income of Rs. 80,000 to Rs. 1,00,000 per annum from non-government sources, which is well below the Rs. 8 lakh annual income threshold for creamy layer determination from non-salary sources.

Your mother, though working as a state government teacher with a salary of around Rs. 11 lakhs per annum, was promoted to Class II (Group B) only at the age of 41. According to government rules, for children of government employees, it is not the salary but the cadre and timing of promotion that determines creamy layer status.

Since your mother was not promoted to Group I (Class I) before the age of 40, and neither parent holds a high-ranking government post that would qualify as Group A before that age, you are considered under the Non-Creamy Layer. Therefore, you are eligible to avail the OBC-NCL reservation benefits.