1. Heard learned counsel for the parties.

2. The petitioner is a retired Judicial Officer having been superannuated at the age of 58 years.

3. After he has retired, in the first instance, the State Government in pursuance of the directions issued by the Hon ble Supreme Court in a Writ Petition filed by the All India Judicial Service Association & others for implementing the recommendations of Shetty Commission has issued a Notification extending the benefit of Assured Career Progression (ACP) at regular intervals in respect of those Judicial Officers, who have not within a specified period received any promotion, the higher pay scale is to be given to them. This order was issued on 16.4.2004. According to this Notification, a Munsif, re-designated as Civil Judge (Junior Division) was to be promoted to the pay scale of Rs. 12,850-17,550.00 from existing pay scale of Rs. 10,750-14,900.00 on satisfactory completion of five years with effect from the date of commencement of Notification or any time thereafter on completion of five years service. Likewise, a Civil Judge (Senior Division), who has completed five years on the post, either on or after the date of commencement of the Notification or thereafter, has to be placed in the pay scale of Rs. 14,200-18,350.00 on grant of 1st Assured Career Progression and on further completion of five years from the date of grant of 1st Assured Career Progression, he will be entitled to 2nd Assured Career Progression by placement in the pay scale of Rs. 16,750-20,500.00.

4. The State Government vide Notification dated 12.3.2003 issued by the Finance Department revised the pay scales of Judicial Officers whereby revision of pay scales was made effective from 1.1.1996 notionally but the actual benefits were given with effect from 1.7.1996. However, subsequently vide another Notification dated 30.6.2006, the actual benefits of Assured Career Progression were also made to flow with effect from 1.1.1996 in terms of original Notification dated 16.4.2004 by which a Member of the Judicial Service, whether a Civil Judge (Junior Division) or Civil Judge (Senior Division) became entitled to be placed in the higher scale of pay on completion of five yeare terms described as the 1st Assured Career Progression and, on completion of 10 years on the same post, in the next higher scale of pay described as the 2nd Assured Career Progression.

5. The petitioner having been superannuated on 31.5.2002 had not become entitled to any benefit under the original scheme which has been made effective from the date of the Notification. However, the petitioner became entitled to be considered for the benefit under Assured Career Progression Scheme on completion of five years of service from his last posting on or after 1.1.1996. He made a representation for considering his case for giving him the benefit of 1st Assured Career Progression on completion of five years with effect from his promotion to the post of Sub-Judge, re-designated as [Civil Judge (Sr. Division)]. The petitioner was appointed in the year 1975 as Munsif, later on re-designated as [Civil Judge (Jr. Division)], and he was promoted on officiating basis to the post of Civil Judge (Sr. Division) on 19.4.1989 and he continued to hold the same post until his retirement on 31.5.2002. The petitioners case is that though his case comes within the ambit of Assured Career Progression Scheme, which had been notified on 30.6.2006, and his case ought to have been considered as on 1.1.1996 but it has not been considered.

6. Having not got the relief claimed through his representation, this writ petition has been filed seeking a mandamus upon the respondents to grant benefits of Assured Career Progression Scheme with all consequential benefits flowing from such extension of benefit of ACP Scheme.

7. A counter has been filed in which details about the petitioners service records from 1995-96 onwards have been disclosed and it was stated on that basis that since th