Lok Sabha Question No. 1982 (UNSTARRED), answered on 2020-03-03
Subject: Computation of Annual Income for OBC Employees
Ministry: SOCIAL JUSTICE AND EMPOWERMENT
Asked by: Ganesh Singh

## GOVERNMENT OF INDIA MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT

UNSTARRED QUESTION NO. 1982 TO BE ANSWERED ON 03.03.2020

## COMPUTATION OF ANNUAL INCOME FOR OBC EMPLOYEES

## 1982. SHRI GANESH SINGH;

Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT Unstarred Question No. 3495 dated be pleased to refer to Layer' and state: 10.12.2019 regarding 'Income for Creamy Ceiling

- (akewhether the income from the salaries and income from the agricultural taken into account while land shall not be computing the annual income %f Other Backward Classes (OBCs) employees working in PSUs in case of pending evaluation 0T tha comparable basis in Public Sector Undertakings posts on equivalent Of etc ; (PSUs). Banks and educational institutions
- (b) if so. the details thereof and ifnot, the reasons therefor:
- (c) whether it is a fact that the income from the salaries has been computing the annual income of taken into account while PSUs. Group-C' and  `Group-D OBC employees working in edueational   institutions and if the details   thereof with the constitutional validity as on date; along
- (d) the details of grievances of UPSC aspirants whose income from the agricultural income land is taken into account while computing the annual the last five years: being during
- (e)whether any claritication has been issued by the Government for not income from the salaries and income from the into account income of OBC agricultural land while computing the annual employees; and taking
- (f) if the details thereof and ifnot; the reasons therefor? SO,

## ANSWER

## MINISTER OF SOCIAL JUSTICE AND EMPOWERMENT (SHRI KRISHAN PAL GURJAR)

(a) & (b): As per the current syslem in vogue; the creamy formula with the State/Central layer for OBCs employed Government; PSUs and Banks is covered by the DoPT OM dated 08.09.1993 and letter dated 14.10.2004, the Department of Public Enterprises and the Department of" Financial Services OMs vide dated 25.10.2017 and dated respectively. 6.12.2017,

As per category II € of the Schedule to the DoPT"s OM dated 08.09.1993, to 'Employees in Public Sector  Undertakings etc. it is clarified pertaining that the criteria enumerated in categories II A and II B (which clarify the position 1 and Group BClass I[ officers of the Central regarding Group A/Class and State Governments) will apply mutatis mutandi to officers holding equivalent or comparable posts in PSUs, Banks, Organizations, Universities, etc: Insurance

Pending the evaluation of the posts on equivalent institutions, the criteria  specified in Category VI of the schedule of DoPT OM dated 08.09.1993 will apply to the officers in these Institutions As per category VI, the income from salaries or agricultural land shall not be clubbed.

(c): As per the Department of Public Enterprises O.M. No. GM/1064/2014-FTS-2950 dated 27.02.2020, in terms of DPE OM No\_ DPE ~GM/0020/2014-GM-FTS-1740 dated 25.10.2017 only the Executives level posts in CPSEs i.e. Board level Executives and below Board level Executives which are managerial lcvel posts; have been   proposed for consideration aS subjcct to the proviso that those executives whose annual incomc as per critcrion given in DoPT OM dated 08.09.1993 is less than Rs.8 lakhs will not under "creamy layer' criteria.

(a) & (b): As per the current systcm in vogue, thc creamy formula for OBCs employed with the State/Central  Government, PSUs and Banks is covered by the DoPT OM dated 08.09.1993 and letter dated 14.10.2004, the Department of Public Enterprises and the Department of Financial Scrvices OMs vide dated 25.10.2017 and dated  6.12.2017, respectively. layer

As per category II C of the Schedule to the DoPT s OM dated 08.09.1993, pertaining to "Employees in Public Sector Undertakings etc. it is clarified that the criteria enunerated in categorics Il A and II B (which clarify thc position regarding Group A/Class 1 and Group B/Class I officcrs Of the Central and State Govcrnments) will apply mutatis mutandi officers holding equivalent comparable posts in PSUs, Banks, Insurance Organizations, Universities, ctc.

Pending the evaluation of the posts on equivalent or comparable basis in these institutions, the   criteria   specified in  Catcgory VI of thc schedule of DoPT OM dated 08.09.1993 will apply to the officers in these Institutions. As per category VI, the income (rom salaries or agricultural land shall not be clubbed.

(c): As per the Department of Public Enterprises ` O.M. No. GW/1064/2014-FTS-2950 dated in tcrms of OM No. DPE ~GM/0020/2014-GM-FTS-1740 dated 25.10.2017 only the Exccutives level posts in CPSEs i.e. Board level Executives and below Board level Executives which are managerial level posts, have been proposed for consideration as 'creamy layer' subject to the proviso that those cxecutives whose annual incomc as per criterion given in DoPT OM datcd 08.09.1993 is less than Rs.8 lakhs will not to be under creamy layer" criteria

08.09.1993 and letter dated 14.10.2004 cover such cases at present

1. AIS-I Division of the Department of Personnel and Services Examination (CSE). The (DoPT) deals with Civil candidates, who decision on CreamyNNon-Creamy status of' claim benefit of OBC reservation, is taken as DoP&Ts 36012/22/93-Estt (SCT) dated 08.09.1993 per O.M No. Estt (Res.) dated 14.10.2004 and clarificatory letter No. 36033/5/2004with the advicelconcurrence of the Reservation Division of this Certain candidates, whose to the candidate. parent(s) are/were working in Central and State PSUs and other organizations like autonomous organizations, Universities; vate sector, whose income is Government aided schools and more than the prescribed limit for 3 consecutive years. and are treated as under financial filed court Creamy Layer. have submitted representations and cases against this Department contending that income of their should not be taken into account for parents from status. determining their Layer/Non-Creamy Training Layer falling salary Creamy Layer

2 In the cases of Rohith Nathan (CSE-2012) has filed SLP No. and G. Babu (CSE-2013) this Department judgment  dated 31.08.2017 of  Hon'ble  High Court of Madras Department has contended that the In this of parents of the candidates, who been in  PSUs/Autonomous bodies/Banks/ Aided vis-d-vis Central/State Organizations etc, where   equivalence Government has not been established, should be taken into determining their Creamy Non-Creamy account for Court vide its Layer status. In the above SLP, Hon"ble Supreme Hon "ble Madras High Court: The  matter dated 31.08.2017 of Court. is   still sub-judice before the Hon ble Supreme salary have working

3 Meanwhile, is submitted that 1L candidates of under CSE-2015, who were found to be Layer of OBC had filed W.P. Nos. 3080/2017, 3083/2017, 3078/2017, 3077/2017, 3074/2017, 3081/2017, 3073/2017 and 3084/2017 before 3076/2017, 3075/2017, 3079/2017, DoP&T Hon"ble High Court of Delhi challenging the decision of Hon"ble High Court of Delhi vide its common order naught  DoP&T s clarificatory dated 22.03.2018 has set at letter dated 14.10.2004 and  direcled  DoP&T to Creamy Non-Creamy Layer Status of these petitioners verify the 1993 . by solely relying upon the OM. of High Court of Delhi, this Department has duly re-examined the status Of these candidates based upon the O.M. of 08.09.1993 CreamyNNon-Creamy 22.05.2018 that fall and issued speaking order dated speaking order under Creamy Layer'  category of' OBC. Aggrieved with the dated 22.05.2018 of this Department; some candidates petitions against this Department. Thereafter; again filed contempt Hon ble High Court of Delhi this Department has filed affidavits before the that the order dated 22.03.2018 has been duly But, as some other candidates also filed complied with. Hon 'ble High Court of contempt petitions against this Department in the Delhi; this Department has filed SLP before the India vide No. 6040/2020 against Supreme Court of Delhi after the order dated 22.03.2018 of Hon'ble High Court of legal opinion Of Department of Legal Affairs and Ld: Solicitor India The above SLP, at present, is under defect General of list and is expected to be listed soon. falling Creamy Layer they Dy. taking

4\_ It is also stated that income from with income agriculture is never taken into account or clubbed from salaries or income from other sources while Creamy Layer status of OBC candidates who the Creamy NonExamination (CSE) are recommended by UPSC in Civil Services in accordance with OM dated g"h September; 1993 of this Department. deciding

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