Cranston

Petition for a writ of mandate to compel respondent State Controller to pay the petitioner, a retired judge of the superior court, certain funds representing the difference between a 65 per cent retirement allowance and a 75 per cent retirement allowance for the months of October, November and December, 1959, and January, 1960. Respondent has made his return to the alternative writ by demurrer and answer.

Petitioner served as an Assemblyman of the 70th Assembly District, State of California, for four years, beginning on or about January 1, 1935, and ending on or about December 31, 1938. He was appointed and duly qualified as a judge of the superior court on October 21, 1941. He was elected to said office for three six-year terms beginning on or about January 1, 1943. He retired as a judge of said court on September 30, 1959, at which time he was 69 years of age. From the date he qualified as a judge of said court to the date of his retirement therefrom, he served as a judge of the superior court for 17 years, 11 months and 9 days. Of his four-year service as a constitutional officer, he served one year and five months following the effective date of the Judges’ Retirement Law on…