Supreme Court On OBC Creamy Layer: Creamy layer cannot be decided only on the basis of family income, Supreme Court’s big decision on OBC reservation.

New Delhi. The Supreme Court has today said in an important decision that it cannot be decided on the basis of income alone whether an OBC candidate comes under the creamy layer or not. The bench of Justice PS Narasimha and Justice R Mahadevan said that determining the creamy layer status of OBC on the basis of family income is not sustainable in law. The Supreme Court Bench says that if someone’s parents are in government service and their annual income is more than Rs 8 lakh then he will not be included in the creamy layer. The court also said that in such cases, income from agriculture will also be completely excluded.

In this decision, the apex court has declared as invalid Para 9 of the 2004 letter of the Department of Personnel and Training in which it was said to include the salaries of bank, private sector or PSU employees in the creamy layer. The court said that until the equivalence of PSU or private posts with government Group 3 or 4 is decided, only the original orders of 1993 will remain in force. This decision will provide great relief to those OBC candidates who were deprived of the benefits of reservation by considering them as creamy layer.

The court has directed to implement the decision retrospectively (from the previous date). DoPT has been given 6 months time to implement this order. If necessary, additional posts will be created for those people who are in government jobs but have not been able to reach the right cadre or post, so that the seniority of other categories of employees is not affected. Let us tell you that economically strong people of the community come in the creamy layer. The Supreme Court had said in the Indra Sahni vs. Government of India case (1992) that reservation should reach the poor and backward people of the community.

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