Creamy Layer

The concept of creamy Layer among OBC’s are evolved from the famous Mandal case (Indra Sawhney& OthersVs Government of India) in Supreme Court. Due to the recommendations of the Mandal Commission, Central Government issued an Office Memorandum to reserve 27% posts in central government services. The order was challenged by Indra Sawhney in Supreme Court. The constitutional bench of the apex court upheld the decision to reserve 27% reservation for OBC’s in Central Government service. But in the verdict, Honorable Supreme Court cleared that the creamy layer among OBC’s should be excluded from reservation. Central Government constitutes a commission chaired by Justice Ram Nandan Prasad to identify the creamy layer among OBC’s. The commission recommendation as such approved by the Central Government. Based on this, Central Government  issuedan order regardingthe guideline and criteria for excluding Creamy Layer among OBC. The same criteria and guidelines are still in force for identify Creamy Layer among OBC’s.

Frequently Asked Questions (FAQs) :-

1. Whether Son/ Daughter of an under secretary of Government of kerala drawing 9 lakhs or more annual salary , eligible to get Non – Creamy Layer certificate?

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 in to consideration.

Parents of an applicant entered in the service as Class I officer (direct recruitment) , the applicant is considered as creamy layer. If both the parents are entered into service as class II officers (direct recruitment), the applicant is considered as creamy layer.

Except the above all employees having “Non Creamy Layer” Status.

2. Whether salary income of banking/public sector employees for availing thenon-creamy layer status?

As far as the case of banking and public sector companies, all comparable posts with government services can be considered in that way. But in case of non comparable cases, if their salary exceeds 8 lakhs for 3 consecutive years, applicant must be included in “Creamy Layer”.

3. How can we determine the creamy layer status of retired Government employees?

The entry cadrewhile they are in services are to be considered for creamy layer status. Pension amount will not be considered.

4. While considering the creamy layer status of married persons, whether the income of spouse and spouse’s parents is considered or not?

The Creamy Layer Status of one is considered depend upon his /her parents status only.It will not consider the income of the applicant’s brothers, sisters, spouse or parents of spouses etc.

5. Is an officer directly entered into Government service as class1 officer is eligible for Non Creamy Layer Certificate?

The eligibility of Non Creamy Layer Certificate based on considering only the status of the parent of the applicant. In this case for the applicant , the status of class1 officer may not be an obstacle to get Non Creamy Layer Certificate for himself. But no eligibility for his/her children.

6. What are the eligibility criteria for those who have been migrated from other states?

No Non Creamy Layer Certificates are issued to migrated from one state to other states after the Central Governmentnotification ensuring 27% reservation for OBC Communities w.e.f. 08/09/1993.

7. How can we determine the Creamy Layer status of a person who is employed in abroad?

Based on the self-attested statement of the employee’s income, Creamy Layer status can be determined.

8. Can we consider the Creamy Layer status of an employee who directly entered in class III service and got promotion as class 1 before attaining the age of 40 in Central Government and 36 in State Government?

No. An employee, who entered in class III category and got promotion in class I before the prescribed age limit, cannot be considered as Creamy Layer.

9. If a candidate’s mother directly entered in service as class II and got promotion as class 1 before the prescribed age limit, can we consider the candidate as Creamy Layer?

No. Even if women got promotion from class II to class I within the prescribed age limit cannot be treated as Creamy Layer.