I am a PG Teacher of a govt. aided school of West Bengal with Pay Scale of Rs.9000-40500/- and Grade Pay of Rs.4800/- . My son had applied for OBC Certificate one year ago but the concerned office denied to issue the same on the ground that his father, i.e. I am being the Group A employee of West Bengal Govt and so I come under the category of Creamy Layer of West Bengal. Is it true ?
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.
is that rules applicable for him?..he is not a govt. employee at all and also he does not under west bengal service rules.. that a govt aided service in a govt aided school
and at the time of joining at DI office a form filled up by a would be assistant teacher is recruited as group b employee..and the same by a head master is group a employee.then what is the solution?