Delhi HC: Salary of OBC Employees Irrational Basis to Determine Creamy Layer Status


March 28, 2018

Case name: Ketan & Ors. v. Union of India & Ors.

Date of Judgement: March 22, 2018

In the case, a batch of Petitions were taken up by the Delhi High Court, wherein the Petitioners were primarily aggrieved by the Communication of 14th October, 2004. The said communication sub-classified the Creamy Layer of OBCs and thereby, purportedly discriminated petitioners. This Communication clarifies the status of employees of PSUs etc. vis-à-vis Government employees where equivalence or comparability of posts has allegedly not been determined. In short, the impugned communication discriminated the employees of PSUs viz-a-viz the government employees.

The Delhi High Court in the case while disregarding the said communication opined that there was no rationale or justification spelt out in the impugned Communication to make the salary of OBC employees in PSUs as the basis to determine their Creamy Layer Status.

That the impugned communication is set at naught and first respondent is directed to verify the Creamy Layer Status of petitioners.

The entire case can be accessed here.