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The Court noted that the conditions for eligibility and benefits regarding reservations were the employer’s prerogative, which was not the Central Government in the instant matter but the Government of Punjab.
Allahabad high Court said that there is no plausible reason why the proposal made by the Institutional Service Board for striking down the word ‘unmarried’ occurring in Regulation 104 of Regulations 1975 could be turned down by the State Government.
Vikrant J. recorded that when the benefit of two ACPs was granted to the plaintiff after the completion of 10 and 20 years of service respectively, there is no justification for not granting him the benefit of 3rd ACP after the completion of 30 years of satisfactory service before retirement.