ORDER : Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. 2. Petitioners have filed present writ application for quashing the order dated 17.08.2016 which was passed by the Principal Secretary rejecting the claim of the petitioner for grant of promotion in the selection. The benefit of selection period was earlier available to 20% of the cadre later on the respondents have decided on 04.03.2014 to grant the benefit of all teachers on completion of Kalawadhi. 3. Learned counsel appearing on behalf of petitioners submits that the action of the respondents in adopting two different yards is violative of Article 14 and 16 of the Constitution of India. The benefit of up gradation was extended to the teachers to do away stagnation, earlier the scheme of time bound promotion was in place but time bound scheme ceased w.e.f. 31.12.1995. The respondents have taken decision to introduce Assured Career Progression Scheme (ACP) which was subsequently modified as Modified Assured Career Progression. Modified Assured Career Progression Scheme was introduced in 2010 which was extended to the teachers having regard to the lack of opportunity of financial up gradation vide resolution dated 06.03.2019. In the resolution dated 06.03.2019 the condition for grant of MACP is the same as in the MACP Scheme 2010. 4. Considering the totality of the fact situation and for the ends of justice, the Court is of the view that once the respondents have taken the resolution to do away the stagnation by adopting the MACP Scheme 2010 on 06.03.2019 with the same condition it goes without saying that the benefit of MACP Scheme 2010 shall be extended to all those who are eligible on the date of introduction of MACP Scheme, 2010. 5. In view of the above, the writ petition is disposed of with a direction to the respondents to consider the case of the petitioners for grant of financial up-gradation in light of MACP 2010 at the earliest preferably within a period of three months from the date of receipt/production of copy of this order. The respondents cannot deny the benefit of MACP to this petitioners on the ground that the petitioners have retired before 04.03.2014 and as such they are not entitled the benefit of similar such scheme. The petitioner cannot be made to suffer the benefit of financial up gradation under the MACP Scheme 2010. 6. The respondents cannot deny the benefit of MACP to this petitioners on the ground that the petitioners have retired before 04.03.2014 and as such they are not entitled the benefit of similar such scheme. The petitioner cannot be made to suffer the benefit of financial up gradation under the MACP Scheme 2010. 6. The issue of discrimination raised by the petitioner in the matter of grant of selection does not merit any consideration for the reason that if the decision of the State Government is not to grant the benefit to teacher retire before coming into force scheme of 2014 then the grant of benefit to others cannot be a ground to perpetuate illegality. However, the benefit which is admissible under MACP Scheme 2010 which are accepted vide order dated 06.03.2019 shall be considered and granted to the petitioners within time frame indicated herein above. 7. With the aforesaid, the present writ application stands disposed of.