-_fiI-, ..,, IN THE HIGH COURT 0F SIKKIM AT GANGTOK (Civil Extra Ordinary Jurisdiction) DATED : 17 .09.2010 CORAM HON'BLE MR. JUSTICE P.D. DINAKARAN, CHIEF JUSTICE (I) Writ Petition {C` No. 28 of 2009 Smt. Bina Devi Sharma, D/o Tanka Ram Sharma, R/o Balwakhani, P.O. & P.S. Gangtok, East Sikkim. -versus- ...Petitioner. 1. The State of Sikkim, Through the Chief Secretary, Government of Sikkim, Gangtok. 2. The Secretary, Department of Personnel, Adm. Reforms & Training, Government of Sikkim Gangtok, East Sikkim. 3. District collector, Office of the District Collectorate, East Sikkim at Gangtok. 4. Sub-Divisional Magistrate, Pakyong, East Sikkim. dpap---.- _ 5. Shri Khemraj Bhattarai, C/o Chiran Rizal, Enchey Sr. Secondary School, Gangtok, East Sikkim. ...Respondents. For the petitioner : Mr. 8. Sharma, Sr. Advocate with Mr. Bhola N. Sharma, Advocate. Fortherespondents : Mr. J.B. Pradhan, Additional Advocate General with Mr. Karma Thinlay Namgyal, Government Advocate and Mr. S.K. Chettri, Asstt. Govt. Advocate for official respondents No. 1 to 4 Mr. A, Moulik, Sr. Advocate with Mr. N.G. Sherpa and Ms. K.D. Bhutia, Mr. Manish Kr. Jain and Mr. Leonard Gurung, Advocates for respondent NO.5 (11) Writ petition rc) No. 02 of 2010 Miss Onissa Dechhen Gurung, D/o Shri Te]. Bahadur Gurung, R/o Season Hotel, Namnang, Gangtok, East Sikkim. "'Petitioner. -versus- The State of Sikkim, Through the Chief Secretary, Government of Sikkim, Gangtok, Sikkim. The District Collector, West Sikkim Through the District Magistrate, Gyalshing, West Sikkim. JElri--.-.. + 3. Ms. Baby Mukhia,, D/o Shri Durga Prasad Mukhia, R/o Rujich Building, Street No.2, Jorethang, South Sikkim. Also residing at Chakung Busty, Soreng Sub-Division, West Sikkim. ...Respondents. For the petitioner For the respondents Ill. Mr. B.R. Pradhan, Sr. Advocate with Mr. Jorgay Namkha, Ms. Yangchen D. Gyatso, Ms. Zola Megi and Ms. Denkila Bhutia, Advocates. Mr. J.B. Pradhan, Additional Advocate General with Mr. Karma Thinlay Namgyal, Government Advocate and Mr. S.K. Chettri, Asstt. Govt. Advocate for official respondents No. 1 and 2. Mr. A. K. Upadhyaya, Sr. Advocate with Mr. Ashim Chhetri, Mr. D. Tewari and Ms. Mukul R. Para].uli, Advocates for respondent No. 3. Writ Petition /C` No. 16 of 2009 Shri Khemra]. Bhattarai, Son of Shri Siwanath Bhattarai, Resident of Lower Samdong, P.O. Raley Khasey, East Sikkim. -versus- ...Petitioner r.-:.``;,...... i+ 1. State of Sikkim through The Secretary, Department of Personnel, Adm. Reforms & Training, Government of Sikkim, Gangtok. 2. Sikkim Public Service Commission, Represented by the Secretary, Gangtok, P.O. Gangtok, East Sikkim. 3. Ms. Bina Devi Sharma, D/o Shri Tanka Ram Sharma, a resident of Balwakhani P.O. & P.S. Gangtok East Sikkim. 4. The Sub-Divisional Magistrate, Sub-Divisional Administrative Centre, Government of Sikkim, Pakyong, East Sikkim. ...Respondents For the petitioner : Mr.A. Moulik,Sr.Advocatewith Mr. N.G. Sherpa and Ms. K.D. Bhutia, Mr. Manish Kr. Jain and Mr. Leonard Gurung, Advocates For the respondents : X:jocaJt.eB.Genperraaih:Tt'h M?:dkt:::a: Thinlay Namgyal, Government Advocate and Mr. S.K. Chettri, Asstt. Govt. Advocate and Mr. J.K. Kharka, Advocate (Standing Counsel for SPSC) for official respondents Mr. 8. Sharma, Sr. Advocate wlth Mr. Bhola N. Sharma, Advocate for respondent No. 3 fr •+ IV. Writ petition {CI No, 25 of 2009_ Ms. Baby Mukhia, D/o Shri D.P. Mukhia, R/o Rujich Building, Street No. 2, Jorethang, South Sikkim. -versus- ...Petitioner 1. State of Sikkim Through the Secretary, Department of Personnel, Adm. Reforms & Training, Public Grievances, Carrier Options and Employment, Skill Development and Chief Minister's Self Employment Scheme, Government of Sikkim, Gangtok. 2. Sikkim Public Service Commission, Through the Secretary, Government of Sikkim, Gangtok, East Sikkim. 3. The District Collectorate, West Sikkim Through the District Collector, Gyalshing, Wast Sikkim. 4. Ms. Onissa Dechhen Gurung, D/o Shri Tej Bahadur Gurung, Retired Principal Chief Engineer-cum- Secretary, R/o Hotel Four Season, Namnang, P.O. & P.S. Gangtok, East Sikkim. ...Respondents &-.-. + For the petitioner : Mr. A. K. Upadhyaya, Sr. Advocate with Mr. Ashim Chhetri, Mr, D. Tewari, Ms. Binita Chhetri and Ms. Mukul R. Parajuli, Advocates. Fortherespondents : Mr. J.B. Pradhan, Additional Advocate General with Mr. Karma Thinlay Namgyal, Government Advocate and Mr. S.K. Chettri, Asstt. Govt. Advocate and Mr. J.K. Kharka, Advocate (Standing Counsel for SPSC) for official respondents No. 1, 2 and 3 Mr. a. R. Pradhan, Sr. Advocate with Mr. Jorgay Namkha, Ms. Yangchen D. Gyatso, Ms. Zola Megi and Ms. Denkila Bhutia, Advocates for respondent No. 4 JUDGEMEIl DINAKARAN, CJ The Pivotal Ouestions The pivotal questions that arise for consideration in these Writ Petitions are - (i) Whether a daughter of a Class-I officer of the rank of Joint Secretary and above in the State Government is excluded from the reservation made for Other Backward Classes, herein after referred to as OBC, as per the Notification dated gr 05.12.2003 of the Government of Sikkim, despite her marriage, on the ground that she belongs to Creamy Layer? and (ii) Whether a daughter of a Class-I Officer of the rank of Joint Secretary and above in the State Government is excluded from the reservation made for Most Backward Classes, herein after referred to as MBC, as per the Notification dated 05.12.2003 of the Government of Sikkim, in spite of retirement of her father, on the ground that she belongs to Creamy Layer? 2.1 The Writ Petitions No. 28 of 2009 filed by Ms. Bina Devi Sharma and No. 16 of 2009 filed by Khemraj Bhattarai are inter-connected and they are related to: ``questionNo. (i), Whether a daughter of a Class-I officer of the rank of Joint Secretary and above in the State Government is excluded from the reservation made for Other Backward Classes, herein after referred to as OBC, as per the Notification dated 05.12.2003 of the Government of Sikkim, despite her marriage, on the ground that she belongs to Creamy Layer?" 2.2 The Writ Petitions No. 2 of 2010 filed by Onissa Dechhen Gurung and No. 25 of 2009 filed by Kumari Baby Mukhia are inter-connected and they are related to: -````````---` •S ``question No. (ii), Whether a daughter of a Class-I Officer of the rank of Joint Secretary and above in the State Government is excluded from the reservation made for Most Backward Classes, herein after referred to as MBC, as per the Notification dated 05.12.2003 of the Government of Sikkim, in spite of retirement of her father, on the ground that she belongs to Creamy Layer?" 11, Brief Facts relatina to ouestion No.1 3.1 Ms. Bina Devi sharma is the writ petitioner in w.P.(C) No. 28 of 2009. She obtained an OBC Certificate on 16.08.2004 from the office of the Sub-Divisional Magistrate, Pakyong, the 4th respondent therein. On the strength of the OBC Certificate, she applied for the post of Junior Grade in Sikkim State Civil Service, got selected and appointed to the said post reserved for the OBC category by the Department of Personnel, Adm. Reforms and Training, Government of Sikkim, by a proceeding dated 21.10.2008. Mr. Khemraj Bhattarai, the 5th respondent therein, by a complaint dated 12.06.2009 questioned the OBC Certificate dated 16.08.2004 issued to Ms. Bina Devi Sharma, on the ground that she belongs to `Creamy Layer'. The Sub-Divisional Magistrate, Pakyong, East Sikkim, the 4th respondent therein, after due enquiry, by proceedings dated 07.09.2009 cancelled the OBC Certificate dated 16.08.2004 issued to Ms. Bina Devi Sharma, holding that Ms. Bina Devi Sharma belongs to creamy iayeroftheoBcaspertheNotificatlondain2oo3ofthe Government of Sikkim read with the clarification dated 14.10.2004 issued by the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, as her father Mr. Tanka Ram Sharma was working as Class I Officer in the Government of Sikkim, and the fact that she was married and later got divorced, are not relevant. Hence, she filed the Writ Petition (C) No. 28 of 2009. 3.2 Placing reliance on the proceedings dated 07.09.2009 issued by the Sub-Divisional Magistrate, Pakyong, East Sikkim cancelling the Community Certificate dated 16.08.2004, issued to Ms. Bina Devi Sharma, Mr. Khemraj Bhattarai filed Writ Petition No. 16 of 2009 for issue of Writ of Quo-Warranto questioning the authority of Ms. Bina Devi Sharma to hold and continue to hold the present post of Junior Grade in Sikkim State Civil Service, and also for consequential relief, viz., a direction for appointing him as Junior Grade in Sikkim State Civil Service in place of Ms. Bina Devi Sharma, as he stands next to Ms. Bina Devi Sharma in the OBC Merit Order. Ill, E±ef facts relatina to the Question No. (i[} 4.1 Ms. Onissa Dechhen Gurung, the petitioner in w.P.(C) No. 2 of 2010 obtained a MBC Certificate from the office of the fr.--.. i 10 Block Development Officer, Soreng, West Sikkim on 23.11.2007. On the strength of the Certificate, she applied for the post of Junior Grade in Sikkim State Civil Service, got selected and appointed to the said post reserved for MBC (W) category by the Department of Personnel, Adm. Reforms and Training, Government of Sikkim by proceedings dated 03.11.2008. But one Kumari Baby Mukhia made a complaint before the District Collector, West, questioning the MBC Certificate issued to Ms. Onissa Dechhen Gurung by the Block Development Officer, Soreng, contending that the latter belongs to creamy layer as her father was a Class I Officer in the Government of Sikkim. The District Magistrate, after due enquiry, by proceedings dated 13.01.2010, cancelled the MBC Certificate dated 23.11.2007 issued to Ms. Onissa Dechhen Gurung by the Block Development Officer holding that she belongs to creamy layer as her father was working as the Principal Chief Engineer-cum-Secretary to Government of Sikkim. She is thus excluded from the Most Backward class, as per the Notification dated 05.12.2003 of the Government of Sikkim read with the clarification dated 14.10.2004 issued by the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, Government of India. EEL-.--. 11 4.2 placing reliance on the proceedings dated 13.01.2010 of the District Collector, West, Kumari Baby Mukhia filed Writ Petition (C) No. 25 of 2009 challenging the appointment dated 03.11.2008 of Ms. Onissa Dechhen Gurung in the Junior Grade of the Sikkim State Civil Service as MBC (W) candidate and for consequential reliefs. While so, Ms. Onissa Dechhen Gurung filed the Writ Petition (C) No. 02 of 2010 challenging the proceedings of the District Magistrate, West Sikkim dated 13.01.2010, whereby the MBC Certificate dated 23.11.2007 issued to her by the Block Development Officer, Soreng was cancelled. Hence the Writ Petitions No. 02 of 2010 and No. 25 of 2009. ¢ IV. Previous challenae to the aDDointments of Ms. Bina Devi Sharma and Ms. Onissa Dechhen Guruna in W.P./C) No. 31 of 2008 dismissed on 05.06.2009. It is relevant to mention that one Chiran Rizal, filed a Writ Petition (C) No. 31 of 2008 before this Court, challenging the appointment of Ms. Bina Devi Sharma as well as Ms, Onissa Dechhen Gurung in the Junior Grade of the Sikkim State Civil Service, on the ground that both of them belong to the creamy layer in Other Backward Classes and Most Backward classes respectively, as their fathers were Class I Officers in the fr.... i 12 Government of Sikkim. The said Writ Petition was heard and dismissed by a Judgement dated 05.06.2009. V. Jointhearina 6.1 Heard Mr. 8. Sharma, learned Senior Counsel for Ms. Bina Devi Sharma, petitioner in W.P.(C) No. 28 of 2009 and Mr. A. Moulik, learned Senior Counsel for Mr. Khemraj Bhattarai, the contesting respondent in W.P.(C) No. 28 of 2009 and also the petitioner in W.P.(C) No. 16 of 2009. 6.2 Heard Mr. Bhaskar Raj Pradhan, learned Senior Counsel for Ms. Onissa Dechhen Gurung, petitioner in W.P.(C) No. 02 of 2010 and Mr. A.K. Upadhyaya, learned Senior Counsel for Kumari Baby Mukhia, the contesting respondent in W.P.(C) No. 2 of 2010 and also the petitioner in W.P.(C) No. 25 of 2009. 6.3 Heard Mr. J.B. Pradhan, learned Additional Advocate General appearing on behalf of the State of Sikkim and other State Government authorities. @,...-..... i. 13 VI. Relevant and undisDuted matei.ials I.elatin to the issues available on record For better appreciation of the facts and circumstances of the case, it is appropriate to refer to the following vital and undisputed materials available on record. 8.1 Mr. Tanka Ram sharma (Mr. T. R. Sharma), the father of Ms. Bina Devi Sharma, was initially appointed as Assistant Teacher on 03.12.1969 and 29.04,1970 and the said appointment was temporary. By proceedings dated 19.02.1974 of the Chief Conservator of Forest, Government of Sikkim, Mr. T.R. Sharma was selected to undergo two years Diploma Course in Higher Forestry at Indian Forest College, Dehradun and thereafter, he was appointed to the Indian Forest Service by proceedings dated 10.02.1981 with effect from 08.03.1978 and confirmed in the said service by proceedings dated 08.09.1982. Then by Office Order dated 12.03.1998 promoted as Principal Chief Conservator of Forest, and subsequently re-designated as Principal Chief Conservator of Forest-cum-Secretary, Forest Department by Office Order dated 16.03.1998. 8.2 The marriage of Ms. Bina Devi Sharma was held on 23.06.2003 and the same was dissolved by a decree of divorce i_`® .. . i.~ dated 24.03.2007 by mutual consent in Family Court (Civil) Case No. 18 of 2006 on the file of the Family Court, Gangtok, Sikkim. 8.3 The Government of Sikkim by Notification dated 17.09.2003 recognized and declared the `Bahun' Community as Other Backward Classes (OBC) in the State of Sikkim. 9.1 It is also relevant to note that the Government of Sikkim by a Notification dated 05.12.2003, in compliance of the decision of the Apex Court in Jndra Sawhney vs. Un/.on of Jnd/.a (AIR 1993 SC 477), notified the guidelines, keeping in view socio-economic criteria, to exclude socially advanced persons/sections (creamy layer) from the reservation for MBC and OBC in the State of Sikkim, 9.2 Schedule -I of the said Notification dated 05.12.2003, provides the list of persons/sections (creamy layer), who are excluded from the reservation for MBC and OBC in the State of Sikkim; Schedule - 11 prescribes the format of Certificate to be issued for MBC; and Schedule - Ill prescribes the format of Certificate to be issued for OBC. fr--.- .i' 9.3 15 For better understanding and appreciation of the Issues involved, it is apt to extract the Notification No. 7/GOS- 9(15) SWD dated 05.12.2003, which reads as hereunder: GOVERNMENT OF SIKKIM WELFARE DEPARTMENT No. 7/GOS-9(15)SWD Dated 5th December, 2003 NOTIFICATION In partial modification of Notification No.3/WD/95 dated the :htheJ[u6nt£']::::'[3;§}'Sthheedg:vE#nr:r°|:'gikT,mG::e#:reNb°y.:I::s:3t:: notify the following namely :- In Indra Sawhney Vs. Union of India case AIR 1993 - Supreme Court 477 - the Hon'ble Supreme Couit directed all State Governments to constitute a' permanent body for entertaining, examinijig and recommending for inclusion and/or exclusion of the class/caste of people in the list of Backward Classes to be notified by the State Governments within a period of four months from the date of Judgment of 16th November, 1992. It also directed that keeping view the socio-economic criteria to exclude socially advanced person/section (creamy layer) from the list of Other Backward Classes. Guidelines should be issued as soon as possible. 2. Based on the Central Government guidelines, the Sjkkim Commission for Backward classes has already recommended the criteria for exclusion of the creamy layer. To give effect to this judgment and to give relief to the Sociany and Educationally Backward Classes or Most Backward Classes and Other Backward classes, the State Government has decided to notify the creamy layer in the list of Socially and Educationally Backward classes or Most Backward Classes and Other Backward classes. The criteria are provided in Schedule I appended to this Notification. 3. The authorities competent to issue certificates for the purpose of verification of the classes/communities indicated for giving benefit of reservation in civil services, other posts of Government of India as well as in educational institutions for admission for Sikkimese candidates will also have the power to JBL-- 16 determine and mention in the certificate that the particular person/section does not belong to the creamy layer. 4. The authority authorised to issue such certificates are the District Magistrates, Additional District Magistrates and Sub- Divisional Magistrates of the area where the candidate or his/her family normally resides. Certificates to be issued will be in the Form as prescribed in Schedule I1 and Schedule Ill appended to this Notification. The certificate will be accepted by all the Departments and Institutions for giving benefit of reservation to Socially and Educationally Backward Classes or Most Backward Classes and Other Backward classes. The authorities empowered to issue certificate are also authorized to make a slight variation of the language of the certificate if any institution has prescribed its own Form. 1995. This supercedes Notification No, 3/WD/95 dated 6th June, By order and in the name of the Governor. Sd/- C. CINTURY PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT (F. No. GOS 9(15)SWD/WD" (emphasis supplied) ``SCHEDULE I PERSONS/SECTIONS EXCLUDED FROM RESERVATION FOR MOST BAcl(WARD CLASSES AND OTHER BACKWARD CLASSES IN SIKKIM Description of Category To whom rule of exclusion will apply I..... 11. Service Category Son (s) and Daughter (s) of - (a) Parents both of whom are (A) Group "A''/ class I Class I Officers of the rank Officers of the All India of Joint Secretary and Central Service and in above in the State State Government class I Government officer of the rank of Joint (b) Parents either of whom Secretary and above is Class I Officer of the ranks of Joint Secretary and above in the State Government. Jfr_.. .i 17 (c) Parents both of whom are Class I Officers of the rank of Joint Secretary and above in the State Government, but one of them dies or suffers permanent incapacitation; (d) Parents, either of whom is a Class I Officer of the rank of Joint Secretary and above in State Government and such parent dies or suffers permanent incapacitation, and before such death or such incapacjtation 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 Class I Officers of the rank of Joint Secretary and above in the State Government 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 not less than 5 Years, Provided that the rule of exclusion shall not apply in the following Case :- (a) Sons and daughters of parents either of whom or both of whom are Class I Officer of the rank of Joint Secretary and above in the State Government and such parent(s) dies/die or suffer ermanent Cfty..-... •g-J 18 incapacjtation; (b) A lady belonging to Most Backward Classes and OBC category has got married to a Class I Officer of the rank of Joint Secretary and above in the State Government and may herself like to apply for a job; (8) Employees in public Sector Undertakinqs, etc. Ill. Armed Forces including Paramilitary Forces (Persons holding Civil posts are not included) IV. Professional Class and those enciacied in trade and Industry V. Property owners (A) Agricultural holding (8) Plantations (C) Vacant land and/or build- ings in urban areas or urban aqqlomerations. VI. Income/Wealth Test Son(s) and daughter(s) of - (a) Persons having gross annual Income of Rs.2.00 lakhs (Rupees two lakhs) or above; (b) Persons of Categories I, 11, Ill and V-A who are not disentitled to the benefit of reservation but have income from other sources of wealth which will bring them within the income mentioned above. EXPLANATION - (i) ... (ii) .". EXPLANATION - Wh erever the expression permanent incapacitation occurs in this schedule, it shall mean incapacitation which results in putting an officer out of service. \\ (emphasis supplied) EL-.-. 19 " SCHEDULE -II CERTIFICATE OF MOST BACKWARD CLASSES (RAesso|::it::efto.V!ffoi:;::/rg3T3:tc(:;d]ant:i:'ioTh]nssetpTem°jery:;f;r3: #:S6#df:::°£'i;;rfu:1:§jg::am:b:edrE,:2:a:t:)e:::::nRmees::uth°o:,'fi¥aet%nDekh:: This is to certify that Shri/Smt./Miss and Ministry of Social Justice and Empowerment Resolution New Delhi, the 6th December, 1999. Shri/Smt/Miss .District of State. This is to certify that he/she does not belong to the I)ersons/sections (Creamy Layer) mentioned jn column 3 of the Schedule to the Government of India, Department of Personnel & Training OM No. 36012/22/93-Estt(SCT), dated 8.9.1993 and Government of Sikkim Notification No, : 7/GOS- 9(15)SWD dated 5th December, 2003, PHOTO DISTRICT COLLECTOR/ ADDmoNAL DISTRlcT CoLLECTOR/ SUB-DIVISIONAL MAGISTRATE" (emphasis supplied) `` SCHEDULE Ill CERTIFICATE OF OTHER BACKWARD CLASSES 19:h::t##::,e2Stoa3t)eG°VernmentNotificationNo.5A/swDdated This is to certify that Shri/Smt./Miss 2003 in the State of Sikkim. Shri/Smt/Kin dated 19th September, This is to certify that he/she does not belong to the persons/sections (Creamy Layer) mentioned in column 3 of fEL i- 9.4 20 the Schedule to the Government of India, Department of Personnel & Training OM No. 36012/22/93-Estt(SCT), dated 8.9.1993 and Government of Sikkim Notification No,: 7/GOS- 9(15)SWD dated 5th December, 2003. PHOTO DISTRICT COLLECTOR/ ADDIlloNAL DISTRICT COLLECTOR/ SUB-DIVISIONAL MAGISTRATE" (emphasis supplied) The notification of the Government of India dated 14.10.2004, clarifying the criteria prescribed in the Office Memorandum dated 08.09.1993, reads as hereunder: - ``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. Sub].ect. Clarifications regarding creamy layer amongst OBCs. Sir, I am directed to invite your attention to the Schedule to :*jssDe:E:LtFeerTtis993M#:c3h6:::t/a:::9t3h-e(SccrTt)e:i:t:: determine the creamy layer amongst the OBCs. In regard to the children of the persons in civil services of the Central and State Governments, it provides that son(s) and daughter(s) of: JEL 4. Following questions have been raised 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 /surfer Permanent incaDacitation after retirement be treated to be excluded from the creamy layer? (ii) Will the sonsand daughters of parents both of whom are directly recruited Class II/Group 8 officers and. one of them dies or suffer permanent incaDacitation after retirement be treated to be excluded from the creanny layer? (iii) Will the sons and daughters of parents both of whom are directlv recruited Class II/Group 8 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 Onganisation 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 Ill/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 recruitec] Class I/Group A officer or a directly recruited Class II/Group D emDlovee and he gets into Class I/Group A at the age of 40 or earlier be treated to be falling in creamy layer? EEL---.- €' 22 (vii) Will a candidate who himself is a directly recruited Class I/GrouD A officer or a directly recruitecl Class II/Group 8 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? 5. It is clarified in regard to