( 1 ) A point of considerable importance as to the power of the State Government to differ from the recommendation made by the High Court in the matter of grant of notional promotion and payment of monetary benefits in pursuance thereof to a City Civil Judge in exercise of its power under Act. 235 of the Constitution of India arises in this petition. The question arises in the following circumstances:the Petitioner began his judicial career as an Assistant Judge and Additional Sessions Judge in the former State of Saurashtra on 5/11/1948 He was promoted as District Judge and had acted also as a Remembrancer of legal affairs and Secretary in the Law Department in the times of the erstwhile State of Saurashtra in July 1951 In 1954 the Petitioner requested for his repatriation to the Judicial Service but the then Government of the State of Saurashtra could not spare his services though he was assured that his interest of judicial service will not be jeopardized by the petitioners continuance in the Legal Department. The Petitioner was thereafter transferred from Legal Department and posted as District and Sessions Judge at Bhavnagar in June 1956 Thereafter he was transf