12. 25.07.2019 Heard learned counsel for the parties. By way of this writ petition, the petitioners-Union of India have challenged the order dated 26.04.2012 (Annexure-1) passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 433 of 2010. On perusal of the impugned order and on consideration of the materials available on record, it appears that learned Tribunal while considering the claim of the opposite party has observed at paragraphs-7, 8 and 9 of the impugned order as follows: “7. It is clear from the order under Annexure-a/1 that the applicant was promoted to Halawai w.e.f.25.9.1983. In view of the above, the plea of the Respondent that as the promotion of the applicant was after 26.9.1983 and therefore,, he was not entitled to first financial up gradation, after completion of 12 years of service is a mistake of fact. As such the applicant is entitled to first financial up gradation under ACP after completion of 12 years of service. 8. In so far as second financial up gradation is concerned, it is the case of the Respondents that the as the applicant has not satisfied the promotional norm he was not granted the financial up gradation. However, he has allowed 2nd financial up gradation under MACP scheme to the pay Band of Rs.5200-20200/- in the grade pay of Rs.2400/- in accordance with DOPT OM No.35014/97-Estt.(D) dated 19.5.2009. By producing a copy of the letter dated 25.4.2012 it has been clarified by the Respondents that there is no promotional avenue for ‘Halwai’ to the next higher post in the Canteen Establishment of the office. If there is no promotional prospect for the post of Halwai, the question of fulfilling the promotional norm by the applicant does not arise. The scheme of ACP of MACP was introduced by the Government on the recommendations of the 5th or 6th CPC to over W.P.(C) No. 21649 of 2012 2 2 come the financial hardship caused to the employees due to stagnation in promotion. Therefore, as admitted by the Respondents there being no promotional avenue for the post of Halwai, the Respondents are duty bound to grant second financial up gradation after completion of 24 years of service by a Canteen employee i.e. Halwai. 9. Accordingly, Respondents are hereby directed to grant the 1st and 2nd financial up gradation to the application, in the light of the observations made above, and clear up his dues including revision of pension and pensionary dues, within a period of 90(ninety) days from the date of receipt of copy of this order. The OA succeeds to the extent stated above. No costs.” In that view of the matter, we are in complete agreement with the view taken by learned Tribunal. No case is made out to interfere with the impugned order. However, payment will be made in accordance with law. Accordingly, this writ petition being devoid of any merit stands dismissed. …………………….. K.S. JHAVERI (CHIEF JUSTICE) ……………………… K.R. MOHAPATRA, (JUDGE) bks/jm