Memo. No. 1464–BCW/MR–59/10 Dated 30th April, 2010 as regards guidelines for issuance of OBC Certificate states –
“…..14. Regarding determination of ‘Creamy Layer’, the following points shall be considered:
a. First, status of the parents (not of the applicant) is to be ascertained. If any of the parents of the applicant holds a constitutional post or belong to Class I or Group ‘A’ service of the Central or State Government before the age of 40, he is considered to belong to ‘creamy layer’’.If both of the parents belong to class II or Group ‘B’ service the Central or State Government before the age of 40, he is considered to belong to ‘creamy layer’’. If such parents retire or die after retirement, the status will remain unchanged. If, however, parents die or suffer permanent incapacitation during service, the applicant shall not fall under ‘Creamy Layer’.”
and, the West Bengal Services (Revision of Pay and Allowance) Rules, 2009 specifies –
“……13. Classification of Government employees.–From the dates of commencement of these rules, Government employees shall be classified as Group A, Group B, Group C and Group D in the following manner:–
(i) Group A – Government employees holding all posts in the pay band Nos. 4 and 5 with grade pay ranging from Rs. 4,400 to Rs. 10,000………..”
Now, you can judge the case.
