S. Siri Jagan, J.

The petitioners are Judicial Officers working in the lower judiciary of the State. They are holders of post-graduate degrees in Law. The Shetty Commission appointed by the Government of India to look into the service conditions of the officers of the lower judiciary of the country, submitted recommendations regarding revision of scales of pay, grant of additional allowances etc., to Judicial Officers in the country. That report was submitted on 11-11-1999. The petitioners entered service after the submission of the Shetty Commission Report. One of the recommendations of Shetty Commission Report extracted in Ext. P2 is that if candidates selected for appointment as judicial officers are having a higher qualification like post-graduation in Law, three advance increments be given to them as it is allowed by the Delhi Administration, since it is an acknowledged fact that post-graduation in Law is a difficult course and it is better to reward appropriately such candidates. The Shetty Commission Report was accepted by the Government of Kerala also. The recommendation regarding grant of three advance increments to judicial officers having higher qualification was also accepted by Ext. P3 order dated 28-3-2007, in which it is stated thus:

"In compliance of the judgment in W.P(C) No. 1022/89 of Hon'ble Supreme Court and based in the recommendations of the 1st National Judicial Pay Commission, Government as per Government Order read as 1st to 7th paper above have issued various benefits to the Judicial Officers.

In view of the recommendations by the 1st National Judicial Pay Commission, Government are pleased to sanction the following additional benefits to the Judicial Officers in the State:

xxx xxx xxx

Advance increments (Para 8.48 of the recommendations) Candidates selected to the post of Munsiff - Magistrate having a higher qualification like Post Graduation in Law will be sanctioned three advance increments."

The petitioners' contention is that all the existing Judicial Officers of the State are entitled to the three advance increments so sanctioned, if they have the higher qualifications contemplated by the Shetty Commission. But the Government took the stand that only those Judicial officers, who have entered service subsequent to Ext. P3 order dated 28-3-2007 are entitled to such advance increments. The same has been incorporated in Ext. P7 letter dated 17.11.2007 from the Additional Chief Secretary to the Government to the Accountant General (A & E), Kerala. It is under the above circumstances, the petitioners have approached this Court seeking the following relief’s:

"i. Issue a writ of certiorari or any other writ or order calling for the records relating to Ext. P7 and to quash the same to the extent it denies the benefit of three advance increments to the petitioner, granted through Ext. P3 Government Order.

ii. Issue a writ of mandamus or any other appropriate writ or order directing the respondents to grant the benefit of three advance increments to the petitioners in terms of Ext. P3 Government Order without further delay.

iii. Declare that the benefit of advance increments as contemplated in Ext. P 3 Government Order is to be given to those who were appointed after 1.11.1999."

2. A counter affidavit has been filed on behalf of the 1st respondent, wherein the stand taken is that the advance increments sanctioned as per Ext. P3 Government Order is payable only prospectively and therefore will be payable only to those candidates possessing higher qualification like post-graduation in Law recruited as Munsiff Magistrate after Ext. P3 order has been issued.

3. I have considered the rival contentions in detail.

4. The extract of paragraph 8.48 of the Shetty Commission has been produced as Ext. P2, in which the recommendation is as follows:

"8.48 If selected candidates are having a higher qualification like Post-Graduation in Law, we recommend that three advance increments be given as it is allowed by the Delhi