Creamy layer: implement guidelines

The editorial No to creamy layer (Oct 21) states that with yearly income of over Rs 2.5 lakh and those with considerable land holding constitute the creamy layer. The Department of Personnel and Training (DoPT), GOI, vide Memo No. 36033 dated Oct 14, 2004, clarified their earlier instructions contained in No. 36012/22/93-Estt. (SCT) dated Sept 8, 1993 that for purposes of calculation of annual family income, “income from salary or income from agriculture will not be taken into account” so far as Class III and Class IV employees of OBC category are concerned.

Explanation to the DoPT’s note (Sept 8, 1993) implies that for purposes of calculation of annual income for exclusion of creamy layer among the OBCs, the income from salary or agriculture has to be excluded from the annual family income.

Interestingly, the existing guidelines regarding the creamy layer contained in the said DoPT note came into force following the Supreme Court ruling on Nov 16, 1992 (Indira Sawhney vs. Union of India and Others) and are binding on all government departments and PSUs. On the basis of the apex court’s criteria, the GOI amended the guidelines. Since then, the existing instructions regarding the creamy layer (contained in DoPT Memo) are in force.

As directed by the Supreme Court, these guidelines must be implemented to ascertain the distinction between backward and more backward classes. The GOI has directed all ministries and departments to nominate Deputy Secretary rank officers to implement these guidelines, but in vain. While applying the creamy layer rule, the salary income of parents falling in Groups C and D is being taken into account and the quota benefit is denied to them on the ground that the income limit exceeds Rs 2.5 lakh. This benefit should not be denied to those falling in the OBC category.

J.K. AGGARWAL, Chandigarh



Over the years, those who had already reaped the benefits of reservation have been flourishing at the cost of the poor rural masses. The children of Class I officers in the government or of those having an annual income above Rs 2.5-3 lakh belong to the creamy layer. There is absolutely no justification for them to enjoy the benefit of reservation.

Those belonging to the creamy layer among the SC, the ST or the OBCs should not be given the benefit of reservation either in recruitment or promotions. In Haryana, the reservation benefit is extended only to Class II, III and IV employees. Class I officers have been kept out of the quota ambit.

M.P. SINGH, Chandigarh

Neglect of elders

Senior citizens have been reading reports about the forthcoming legal remedy against neglect by their children. But they have fears about the effective implementation of the much-hyped legislation. The National Policy on Older Persons has made little impact. The elders stand in the long queue with others in Amritsar’s General Post Office. There is no separate queue for the elders.

Para No. 48 of the National Policy on Older Persons says that shelter is a basic human need. It further says that earning persons will be motivated to invest in their housing in their earning days so that they have no problems of shelter when they grow old. However, the elders are forced to vacate even their own houses by their children. They are refused meals even on payment and many widows and widowers are seen in Old Age Homes.

The proposed legislation should have a provision that no child will stay in his father’s self-acquired house if he is not inclined to look after his parents and maintain their dignity in their twilight hours. Let the elders die in peace in their own houses. The government must ensure that elders are not harassed by anyone.

B.R. PREENJA, Amritsar


Most of what we hear about the ill-treatment of the elderly at the hands of their children is exaggerated. Escorting grand children to school or fetching milk or vegetables is no burden. Instead, it provides an opportunity to the elderly to interact with others and remain physically active and mentally alert.

Indulging in criticism of our children day in and day out will get us nowhere except evoking some sympathy from the co-sufferers. Yet, there is a dire need for an attitudinal change in us. Here is a tried and tested mantra for the elderly. Be lavish in the praise of the children and stingy in their criticism.

Wg-Cdr C.L. SEHGAL (retd), Jalandhar


Enforcing RTI Act, FCI style 

On Sept 20, I sought some information from the Food Corporation of India under the RTI Act. I had enclosed the fee of Rs 10. The FCI, Delhi, promptly informed me by courier that my request was being processed. In another letter, they said the information that I sought would be sent soon.

However, recently, in another letter, they asked me to deposit Rs 2 towards RTI fee for photocopy purposes to help them despatch the information. Thus, the FCI has sent me two letters with Rs 10 worth of postal stamps and an additional courier costing Rs 20 just to ask Rs 2 from me!

Wasting public time and money without application of mind has become our hallmark. And public corporations are no different from our traditional hardcore red-tape departments.

Capt NAVDEEP SINGH, Panchkula



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