Latest 7th Pay Commission News

No Proposal for Removal of Creamy Layer for OBCs

The Government has implemented the ‘creamy layer’ concept in pursuance of the Hon’ble Supreme Court’s order in the case of Indra Sawhney and others etc. vs. Union of India and others [(Civil) No. 930/1990]. At present, there is no proposal in the Ministry of Social Justice and Empowerment for removal of Creamy Layer.

The Government has constituted a Commission on 2nd October, 2017 under article 340 of the Constitution to examine the sub-categorization of Other Backward Classes. The Commission commenced functioning with effect from 11.10.2017 i.e. the date of assumption of charge by the Chairperson. There has been no delay in constituting the panel.

Certain States including Andhra Pradesh and Telangana have introduced sub-categorization within Other Backward Classes reservation quota. The sub-categorization adopted by these States is being studied by the Commission for Other Backward Classes to examine the issues of sub-categorization of Other Backward Classes in the Central List.

This information was given by Minister of State for Social Justice and Empowerment Shri Krishan Pal Gurjar in a written reply in Rajya Sabha today.

Creamy Layer Income Criteria for CPSE and PS Bank Employees

Reservation for candidates from Other Backward Classes – Revision of Income Criteria and determining equivalence of posts in Central Public Sector Enterprises (CPSEs), Public Sector Banks, Public Financial Institutions, etc. with Posts in Government for establishing Creamy Layer criteria

F.No.36033/2/2018-Estt.(Res.)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

Establishment (Reservation-I) Section

North Block, New Delhi

Dated June 8, 2018

To

The Chief Secretaries of all States / Union Territories

Subject:- Reservation for candidates from Other Backward Classes – Revision of Income Criteria and determining equivalence of posts in Central Public Sector Enterprises (CPSEs), Public Sector Banks, Public Financial Institutions, etc. with Posts in Government for establishing Creamy Layer criteria – regarding

Madam/ Sir,

I am directed to invite attention to this Department’s Office Memorandum No. 36012/22/93-Estt,(SCT) dated 08.09.1993 which, inter-alia provided that sons and daughters of persons having gross annual income of Rs.1 lakh or above for a period of three consecutive years would fall within the ‘creamy layer’ and would not be entitled to get the benefit of reservation available to the Other Backward Classes.

2. The aforesaid limit of income for determining the creamy layer status was subsequently raised to Rs. 2.5 lakh, Rs. 4.5 lakh Rs. 6 lakh and Rs. 8 lakh vide this Department’s O.M. No. 36033/3/2004-Estt.(Res.) dated 09.03.2004, O.M. No.36033/3/2004-Estt. (Res) dated 14.10.2008, O.M. No. 36033/1/2013-Estt.(Res.) dated 27.05.2013 and CM. No. 36033/1/2013-Estt. (Res) dated 13.09.2017, respectively.

3. This Department is in receipt of references seeking clarification on the status of equivalence and revision of income criteria, in Central Public Sector Enterprises (CPSEs) and Financial Institutions with posts in Government. In this regard, copies of the following Office Memorandums issued by Department of Public Enterprises, Department of Financial Services and this Department are enclosed for ready reference:

i) O.M. No. 36033/1/2013-Estt.(Res.) dated 13.09.2017 of this Department regarding revision of income criteria;

ii) O.M. No. DPE-GM-/0020/2014-GM-FTS-1740 dated 25.10.2017 of the Department of Public Enterprises on establishing equivalence of posts in Central Public Sector Enterprises (CPSEs) with Posts in Government for establishing Creamy Layer criteria; and

iii) O.M. No. 19/4/2017-Welfare dated 06.12.2017 of the Department of Financial Services on establishing equivalence of posts in respect of Public Sector Banks, Public Financial Institutions, Public Sector Insurance Companies.

4. It is requested to please bring the contents of the above mentioned O.M.s/ instructions to the notice of all concerned for information / compliance.

Yours faithfully,

sd/-

(Raju Saraswat)

Under Secretary to the Government of India

Original Copy

Authority: https://dopt.gov.in/

DOPT ORDER – Revision of Income limit for determining the creamy layer amongst the OBC

No. 36033/1/2013-Estt. (Res.)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel &Training

North Block, New Delhi,

Dated: September 13, 2017

OFFICE MEMORANDUM

Subject: Revision of income criteria to exclude socially advanced persons/sections (Creamy Layer) from the purview of reservation for Other Backward Classes (OBCs)-reg.

The undersigned is directed to invite attention to this Department’s Office Memorandum No. 36012/22/93-Estt. (SCT) dated 8th September, 1993 which, inter-alia, provided that sons and daughters of persons having gross annual income of Rs. 1 lakh or above for a period of three consecutive years would fall within the creamy layer and would not be entitled to get the benefit of reservation available to the Other Backward Classes. The aforesaid limit of income for determining the creamy layer status was subsequently raised to Rs. 2.5 lakh, Rs.4.5 lakh and Rs.6 lakh vide this Department’s OM No. 36033/3/2004-Estt. (Res.) dated 09.03.2004, OM No. 36033/3/2004-Estt. (Res.) dated 14.10.2008 and OM No. 36033/1/2013-Estt. (Res.) dated 27.05.2013 respectively.

2. It has now been decided to raise the income limit from Rs.6 lakh to Rs.8 lakh per annum for determining the creamy layer amongst the Other Backward Classes. Accordingly, the expression “Rs. 6 lakh” under Category VI in the Schedule to this Department’s aforesaid O.M. dated 8 th September, 1993 would be substituted by “Rs. 8 lakh”.

3. The provisions of this office memorandum have effect from 1st September, 2017.

4. All the Ministries/Departments are requested to bring the contents of this office memorandum to the notice of all concerned.

(Debabrata Das)

Under Secretary to the Government of India

Original Copy