No. 36033/5/2004 - Estt. (Res.)
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS
DEPARTMENT OF PERSONNEL & TRAINING
New Delhi,
Dated: the 14th October, 2004
To
The Chief
Secretaries of all the States/Union Territories
Subject: Clarifications regarding creamy layer amongst OBCs
Sir,
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 Government, it provides that son(s) of:
a) Parents
both of whom are directly recruited Class 1/Group A officer;
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 incapacitation 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 officer 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 in any 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 officers;
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 or 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;
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 parent(s) dies/die or suffers/suffer permanent
incapacitation;
(ii) Parents
both of whom are directly recruited Class II/Group B officer 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.
3. The
criteria prescribed for determining creamy layer status of sons and daughters
of persons in Government service mutatis mutandis applies to the sons and
daughters of persons holding equivalent or comparable posts in PSUs, Banks,
Insurance Organisations, Universities etc. and also holding equivalent or
comparable posts and positions under private employment.
The creamy
layer status of the sons and daughters of employees of organizations where evaluation
of the posts on equivalent or comparable basis has not been made is determined
on the basis of ‘Income/Wealth Test’ given in the Schedule. The Income/ Wealth
Test prescribes that the sons and daughters of persons having gross annual
income of Rs. 2.5 lakh or above or possessing wealth above the exemption limit
as prescribed in the Wealth Tax Act for a period of three consecutive years
would be treated to fall in creamy layer. An explanation is given below the
Income/Wealth Test which provides that ‘income from salaries or agricultural
land shall not be clubbed.’
4. Following
questions have been raised from time to time about the application of the above
provisions to determine creamy layer:
(i) Will the
sons and daughters of parents either of whom or both of whom are directly recruited
Class I/Group A officer(s) and such parent(s) dies/die or suffers/suffer permanent
incapacitation after retirement be treated to be excluded from the creamy layer?
(ii) Will
the sons and daughters of parents both of whom are directly recruited Class II/Group
B officers and one of them dies or suffer permanent incapacitation after retirement
be treated to be excluded from the creamy layer?
(iii)Will
the sons and daughters of parents both of whom are directly recruited Class II/Group
B officers and both of them dies or suffer permanent incapacitation after retirement
even though either of them has had got 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 be treated to be excluded from
the purview of creamy layer?
(iv)Will the
sons and daughters of parent(s) who retire from the service on the basis of which
their sons and daughters fall in creamy layer, continue to fall in creamy layer
after retirement of the parent(s)?
(v) Will the
sons and daughters of parents of whom husband is directly recruited Class
II/Group C
or Class IV/Group D employee and he gets into Class I/Group A at the age of
40 or
earlier be treated to be falling in creamy layer?
(vi)Will a
candidate who himself is a directly recruited Class I/Group A officer or a
directly recruited Class II/Group B officer who got into Class I/Group A at the
age of 40 or earlier be treated to be falling in creamy layer on the basis of
his service status?
(vii) Will a
candidate who himself is a directly recruited Class I/Group A officer or a directly
recruited Class II/Group B officer who got into Class I/Group A at the age of
40 or earlier be treated to be falling in creamy layer on the basis of his
service status?
(viii) The
instructions provide that a lady belonging to OBC category who has got married
to a directly recruited Class I/Group A officer shall not be treated as falling
in creamy layer on the basis of her marriage. Will a man belonging to OBC
category who is married to a directly recruited Class I/Group ‘A’ officer be
treated as falling in creamy layer on the basis of his marriage?
(ix)How will
be the Income /Wealth Test apply in case of sons and daughters of parent(s) employed
in PSUs etc. in which equivalence or comparability of posts has not been established
vis-à-vis posts in the Government?
(x) What is
the scope of the explanation, ‘Income from salaries or agricultural land shall
not
be clubbed’,
given below the Income/ Wealth Test?
5. It is
clarified in regard to clauses (i),(ii) and(iii) of para 4 that the sons and
daughters of:
(a) Parents
either of whom or both of whom are directly recruited Class I/Group A officer and
such parent(s) dies/die or suffers/suffer permanent incapacitation while in
service;
(b) Parents
both of whom are directly recruited Class II/group B officer and one of them
dies or suffers permanent incapacitation while in service; and
(c) Parents
both whom are directly recruited Class II/Group B officers and both of them die
or suffer permanent incapacitation while in service, 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 Are not treated to be falling in creamy layer. But
if the parent(s) dies/die or suffers/suffer permanent incapacitation in such
cases after retirement from service, his/their sons and daughters would be
treated to be falling in creamy layer and would not get the benefit of reservation.
6. In regard
to clause (iv) of para 4, it is clarified that sons and daughters of parents
who are included in the creamy layer on the basis of service status of their
parents shall continue to be treated in creamy layer even if their parents have
retired or have died after retirement.
7. In regard
to clause (V) of para 4, it is clarified that the sons and daughters of parents
of whom only the husband is a directly recruited Class II/Group B officer who
gets into Class I/Group A at the age of 40 or earlier are treated to be in
creamy layer. If the father is directly recruited Class III/Group C or Class
IV/Group D employee and he gets into Class I/Group A at the age of
40 or
earlier, his sons and daughters shall not be treated to be falling in creamy
layer.
8. In regard
to clause (vi),(vii) and (Viii) of para 4, it is clarified that the creamy
layer status of a candidate is determined on the basis of the status of his
parents and not on the basis of his own status or income or on the basis of
status or income of his/her spouse. Therefore, while determining the creamy
layer status of a person the status or the income of the candidate himself or
of his/her spouse shall not be taken into account.
9. In regard
to clause (ix) of para 4, it is clarified that the creamy layer status of sons
and daughters of persons employed in organizations where equivalence or
comparability of posts vis-à-vis posts in Government has not been evaluated is
determined as follows:
Income of
the parents from the salaries and from the other sources [other than salaries
and agricultural land] is determined separately. If either the income of the
parents from the salaries or the income of the parents from other sources
[other than salaries and agricultural land] exceeds the limit of Rs.2.5 lakh per
annum for a period of three consecutive years, the sons and daughters of such
persons shall be treated to fall in creamy layer. But the sons and daughters of
parents whose income from salaries is less than Rs.2.5 lakh per annum and
income from other sources is also less than Rs.2.5 lakh per annum will not be
treated as falling in creamy layer even if the sum of the income from salaries
and the income from the other sources is more than Rs. 2.5 lakh per annum for a
period of three consecutive years. It may be noted that income from
agricultural land is not taken into account while applying the Test.
10. In
regard to clause (x) of para 4, it is clarified that while applying the
income/Wealth Test to determine creamy layer status of any candidate as given
in Category-VI of the Schedule to the
OM, income
from the salaries and income from the agricultural land shall not be taken into
account. It means that if income from salaries of the parents of any candidate
is more than
Rs.2.5 lakh
per annum, income from agricultural land is more than Rs. 2.5 lakh per annum,
but income from other sources is less than Rs. 2.5 lakh per annum, the
candidate shall not be treated
to be
falling in creamy layer on the basis of Income/Wealth Test provided his
parent(s) do not possess wealth above the exemption limit as prescribed in the
Welth Tax Act for a period of three consecutive years.
11. You are
requested to bring the contests of this letter to all concerned in the State.
Yours
faithfully,
(K.G. Verma)
Deputy Secretary to the Govt.
of India
