Don’t discriminate in OBC creamy layer evaluation: Madras HC

A division bench comprising Justice Huluvadi G Ramesh and Justice G Jayachandran, on coming to the rescue of OBC youth, who were pushed down the ranking in civil services, in a recent order, said, “When salary is not a criterion to eliminate creamy layer among certain government servants, why the salary is a criterion to eliminate creamy layer of wards of public sector employees, who are socially not considered on a par with government servants.” 

Noting that Article 14 of the Constitution guarantees equality before law as well as equal protection under law, the bench said, “While identifying creamy layer among service category, there cannot be any discrimination. They have to be classified as one class. However, till now, among the service class, the persons serving in government are taken as one class and non-government public sector undertakings and others are taken as another class.”

Also, pointing out, for instance, the son or daughter of a person, who is employed as Manager or Accountant in a firm, income test is to be applied, whereas for the ward of a government servant employed in equivalent post, his salary is not to be taken as criteria for creamy layer, the division bench said, “Then, the person employed in government service is in an advantageous position compared to his counterpart in private employment.” 

The bench on slamming the government for failing to arrive at a proper evolution regarding equivalence even after two decades, upheld the order the of the Central Administrative Tribunal (CAT) order directing the Centre to re-visit the provision category IIC and substitute it with appropriate terms sans discrimination.

“If in the true sense the Department of Personnel and Training wants to exclude creamy layer among OBC, there should not be any discrimination among the similarly placed two sets of service category namely, government employees vis-à-vis private sector employees,” the bench added. 

The case pertained to the appeal moved by the Ministry of Personnel, Public Grievances and Pensions, Ministry of Home Affairs and Department of Personnel and training against the order of the CAT in favour of Rohith and Babu, whose parents worked in PSUs/private sector.