With regarding parents under Government employment, the status of the job (Group A/B/C/D) is more important than the salary. If your parents are earning more than 8 lakhs but their rank is below that of group B officers, you will still come under the Non-Creamy Layer.
In order to qualify as an OBC non-creamy layer candidate, the applicantÕs parentsÕ 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 ÒIncome/Wealth TestÓ to determine 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.
If your parents are not directly recruited Class1 (Group A) or Class2 (GroupB) officers OR they do not occupy any constitutional posts (like that of President, Vice President, Governor etc) you are most likely to fall under Non-Creamy Layer OBC.
For the jobs under the Central Government, if the parents of an applicant entered the service as Class I officer before the age 40 (direct recruitment), the applicant is considered as a creamy layer.
Also, if both the parents of the candidates entered into service as class II officers, before the age 40 (direct recruitment), and entered into the service before the age of 40, the applicant is considered as a creamy layer.
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.
Reference: National Commission for Backward Classes
India’s National Commission for Backward Classes is a constitutional body under India’s Ministry of Social Justice and Empowerment established on 14 August 1993. It was constituted pursuant to the provisions of the National Commission for Backward Classes Act, 1993. – 202100264-20210041-10927 –