Facts with regard to the petitioner's joining the service with the respondents on daily wage basis in April, 1988 and thereafter his regularization on 31.1.1996 and his superannuation on 31.3.2005, are not in dispute. The issue which requires consideration of this Court to be resolved is whether the service rendered by the petitioner on daily wage basis prior to the date of his regularization is to be counted for calculating the qualifying service for grant of pensionary benefits to him or not. Rule 3.17 of the PCS Rules, Vol.II, provides for the qualifying service, according to which period of temporary or officiating service in a non-pensionable establishment as also the period of service paid from contingencies is not to be counted for the purpose of qualifying service. However, Rule 3.17 (A) (a) of the PCS Rules provides that all service, interrupted or continuous, followed by confirmation shall be treated as qualifying service and the period of break shall be omitted while working out aggregate services. Clause (d) of these Rules further clarifies the position with regard to persons who are paid from contingencies and in the form of proviso, provides that half of the period of service of such persons paid from contingencies rendered from 1.1.1973 onwards for which authentic record is available, will count as qualifying service subject to further conditions and according to clause (a) of that condition, service paid from contingencies should have been in a job involving whole time employment and not part time for a portion of the day. Clause (d) thereof further says that service of the persons paid from contingencies shall have to be continuous and followed by absorption in regular employment without a break. Petitioner fulfils this qualification as specified under Rule 3.17 (a) of the PCS Rules as while
