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 th