CREAMY LAYER - CRITERIA

The persons belonging to Other backward class , not falling in Creamy layer, have been given reservation in Diretct Recruitement . Similarly the sons/daughters of such persons are also entitled for benefits while seeking admissions in educational insttitutions.

There have been doubts on large scale , about what does the Creamy Layer means. The  Government of India have issued orders (O/M. dated 27 th May 2013 increasing the income limit to Rs. 6 lakhs per year for last 3 years., for deciding as to whether the person falls in Creamy layer or not.  Government of Maharshtra has also increased the lilit to Rs. 6 lakhs p.a. vide G.R. date 24-6-2013 There is reservation for women ( not belonging to Creamy layer), in Maharshtra ( Mahila Arkshan) in direct recruitment.

In order to ensure that everyone is clear about what does the creamy layer menas, I had writeen an article, " इतर मागासवर्गीयांचे आरक्षण -उन्नत व प्रगत व्यक्तीगट ठरविण्याचे निकष ",which had appeared in "Yashomanthan" issue for June- September 2011 published by Yahsada. The said article along with the following material is made available on this blog under heading  "Recent and Important."

1) Government of India O.M. dated 8th September 1993
2)  Chapter 2 (along with Anexure) of Broachure on Reservation          published by G.O.I.
3) Govt. maharashtra G.R.dated 24-6-2013 increasing the income        limit to rs. 6 lakhs for purpose creamy layer.

The persons interested to know and fully understand the concept of creamy layer may get the above documents downloaded for their study.

Counting past Government service of employee( who joined service after tendering resignation) for pension purposes- Decision of Supreme Court

One Mr. Madhukar had put in sevice from 21-6- 1950 to 17-7 1960 in Government of Madhya Pradesh.He resigned on 18-7-1960 and after acceptance of the resignation, he  joined the post of lecturer  In Hislop College, Nagpur on 18-7-1960. He retired from the said post. He was granted pension but while calculating the pension his service from 21-6-1950 to 17-7-1960 was not considered as qualifying service for the pension purposes on the plea that the resignation has entailed the forefeiture of past service as per Rule 46(1) of M.C.S.(pension) Rules 1982. Being aggrieved by this, M made representation contending  that his past  Government Service needs to counted in view of G.R. dated 11-3-1992 issued by Education & Employment Department of Government of Maharashtra. His representation was rejected and therefore he had filed a writ petition in High Court of Bombay, Nagpur Bench. The writ petition was dismissed on the ground that the past service was not tendered by M with prior permission.

The judgement of High court was challeged in Supreme Court in Civil appeal 4470 of 2014 which was decided by the supreme Court on 11-4-2014. The Supreme Court observed that there was no break  in service since M has joined the as lecturer in Hislop College on the very day when his resignation was accepted. Similarly his case is clearly coverd under G.R. dated 11-3-1992 and therefore his past service needs to be counted for the pension purpose. The supreme Court set aside the order of High Court   and directed the respondents State Govt. to count the period of service rendered by the appellant from 21.06.1950 to 18.07.1960 for the purpose of computation of pension and pay the consequential benefits including arrears of pension within three months from the date of this judgment. On failure, the respondents shall be liable to pay interest @ of 8% from the date of filing of the writ petition till the amount is paid.

The above mentioned judgement of the Supreme Court is available on this blog under heading " Recent and Important ". Those  interested may get  it downloaded for their study.

What is Special Leave Petition in Supeme Court of India ?

Special leave application means an application made to the Supreme seeking permission/leave to be heard in an appeal against the verdict / order of the High Court. Usually any issue decided by State High Court is considered as final.However if the Supreme Court finds that there exists  any constitutional or legal issue , which needs to be clarified by the Supreme Court, the leave is granted and it is heard as criminal or civil appeal as the case may be. It is not a matter of right for anyone to approach Supreme Court in an appeal. It is a privilage/ concession granted by the Supreme Court after getting it convinced that there exists an important consttitutional or legal issue which needs to be interpreted and decided by the Highest court of the land and not otherwise. Special leave application means an application made to the Supreme seeking permission/leave to be heard in an appeal against the verdict / order of the High Court. Usually any issue decided by State High Court is considered as final. However if the Supreme Court finds that there exists  any constitutional or legal issue , which needs to be clarified by he Supreme Court, the leave is granted and it is heard as criminal or civil appeal as the case may be. It is not a matter of right for anyone to approach Supreme Court in an appeal. It is a privilage/ concession granted by the Supreme Court after getting it convinced that there exists an important consttitutional or legal issue which needs to be interpreted and decided by the Highest court of the land and not otherwise.

Action to be taken when the decision of High Court is adverse to the State and is not stayed by Hon’ble the Supreme Court of India.

The State Government in Law and judiciary department has issude a circular dated 2 nd April 2014 enumerating  as to what action should be taken by the concerned officers whenever the High Court passes an order averse or against the State Governmnet. The said circular also makes it clear that whenever the Supreme Coutr  ,in the appeal or Special Leave petition filed against the order of the High Court, does no grant the stay, it is incumbent on the part of the concerned officers/ Department  to implemnet the order of the High court and .if the order is not implemented the concerned officers/ Department may face an action  for contempt of court.

The above mentioned circular is very important and it is desirable that all the officers go through the same carefully and ensure that the instructions therein are implemented.

The said circular is available on this blog under the caption " Recent and Important".