ORDER

Leave granted.

2. Heard both sides.

This appeal by special leave arises from the judgment and order of the Bombay High Court, Aurangabad Bench made on November 11, 1993 in Writ Petition No. 3505/93. The appellant was working as on April 1, 1957 as Peon-cum-Watchman in the Hyderabad Agricultural Committee. Consequent upon the State s reorganisation, the appellant had gone to and joined the service of the Krishi Utpadan Bazar Samiti at Jalna district. He retired from service on April 1, 1991 after completing about 35 years of service. His qualifying service was computed w.e.f. October 1, 1969. He claimed the service from the date of his appointment. It was denied on the ground that he started contributing towards Provident Fund w.e.f. the aforesaid date and, therefore, his pensionary benefit required to be computed from that date.

3. Clause 23 of Chapter VI in the scheme reads as under :

"Qualifying service of a Market Committee employee shall commence from the date he takes charge of the post to which he is first appointed or from the date of employer started deducting the P.F. contribution for the employee which ever later."

4. A reading clearly indicates that the qualifying servic