BACKWARD
CLASSES, MOST BACKWARD CLASSES AND MINORITIES
WELFARE
DEPARTMENT
Letter
No.4938/BCC/2004-1 dt.20.07.2011
From
Thiru G.
Santhanam,IAS.,
Secretary
to Government.
To
All
District Collectors. (w.e)
Sir,
Sub
: Reservation – Reservation for Other Backward Classes in Civil posts and
services under the Government of India – Exclusion of creamy layer from the
benefit of Other Backward Classes reservation – clarifications issued –
Reiterated.
Ref
: 1. G.O. Ms. No. 12, Backward Classes and Most Backward Classes Welfare
Department, dated 28.3.1994.
2.
Government Letter No. 627/BCC/97-33, Backward
Classes, Most Backward Classes and Minorities Welfare
Department, dated 24.4.2000.
3.
Government Letter No. 10829/BCC/2004-2,
Backward Classes, Most Backward Classes and Minorities Welfare Department,
dated 10.11.2004.
4.
From the General Secretary, All India
Federation of
Other
Backward Classes Employees
Welfare
Association, representation
dated 23.06.2011 addressed to the Chairman, National Commission for Backward
Classes.
--------
I am directed to
invite attention to the Government of India, Ministry of Personnel,
Public Grievances and Pensions O.M. No. 36012/22/93- Estt(SCT) dated 08.09.1993 communicated in the Government Order 1st cited wherein the Government
of India have informed that sons and daughters of the persons falling under the
following categories will be considered as creamy layer by virtue of the posts
held by their parents subject to certain exemptions specified therein :-
a)
Holding Constitutional posts.
b)
Parents, both of whom are directly recruited
class I / Group A Officers.
c)
Parents, either of whom is directly recruited
class I / Group A officer.
d) parents,
both of whom are directly recruited class I / Group A officers, but one of them
dies or suffers permanent incapacitation.
e) 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
organization like UN, IMF, World Bank etc., for a period of not less than 5
years.
f)
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 Organization
like UN, IMF, World Bank etc., for a period of not less than 5 years.
g) parents, both of whom are directly recruited class II / Group B officers
of central and State Services.
h) 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.
i)
parents, both of them are directly recruited
class II / Group B officers and one of them dies or suffers permanent
incapacitation and either of them has had the benefit of employment in any
International Organization like UN, IMF, World Bank etc., for a period of not
less than 5 years.
j)
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 suffer permanent incapacitation.
k) 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.
The
Government of India have also informed that the creamy layer status in respect
of others will be determined by applying the “Income / Wealth Test” specified
against category VI of the Schedule contained therein. The Government of India
have clarified by means of an explanation provided under category VI that
income from salaries or agricultural land shall not be clubbed.
2) In this connection, I wish to draw your attention to the reference 2nd cited wherein the
Government have informed while issuing Other Backward Classes Certificates, the
income from salaries should not be taken into account for the purpose of
calculation of annual income for exclusion of creamy layer. Similarly, the
agricultural income also should not be included for the above purpose.
3) In
the instructions issued
by Government of
India, Ministry of Personnel Public Grievances and Pensions
in their Letter No. 36033/5/2004-Estt(Res) dated 14.10.2004 which was
communicated in the reference 3rd cited, it has been clarified, among other things, that while applying
the Income / Wealth Test to determine creamy layer status of any candidate as
given in Category IV of the Schedule to the O.M. dated 08.09.1993, income from
salaries and income from the agricultural land shall not be taken into account.
Copies of reference 2nd and 3rd cited are enclosed herewith for information.
4) It has been brought to
the notice of the Government that despite the clear instructions issued in
respect of exclusion of creamy layer, there has been difficulty in obtaining
Other Backward Classes Certificates from
the authorities concerned on the ground that the annual salary of their parents
exceeds Rs. 4,50.000 and Other Backward Classes Certificates were denied to
their sons and daughters. It has also been informed to Government that in view
of the attitude of the officials,. many eligible Other Backward Classes
candidates are not able to avail the reservation benefit intended to them in Central
Services and Educational institutions under the control of Government of India.
5) In this connection, I
wish to inform you that the Government reiterate the instructions already
issued in respect of calculating the Annual Income for exclusion of Creamy
layer in their orders 1st and
2nd cited. I am therefore to request
you to issue suitable guidelines to the Tahsildars, who are the Other Backward Classes
Certificate issuing authorities to issue Other Backward Classes Certificates to
the eligible persons without taking into account of income from salaries and
income from agriculture land and to avoid any complaints in the matter.
Yours faithfully,
for Secretary to Government .
