J.B. Koshy, J.

Petitioners were employed as daily-rated reserve drivers in the Kerala State Road Transport Corporation from 1981 onwards. They were continuously doing the work on daily wage basis till they were permanently appointed through the Public Service Commission. We refer to the date of appointment mentioned in O.P.No.32947 of 2002 (W.A.No.1636 of 2003). Petitioner in that case who was advised by the Employment Exchange was appointed as driver on provisional basis on 29-6-1981. Petitioner was appointed on regular basis as driver on the advice of the Kerala Public Service Commission on 29-5-1989. Therefore, on 3-6-1989 provisional appointment was terminated and he joined duty as regular driver on 5-6-1989. He retired from service on 30-4-2002. He wanted his daily rated provisional service to be counted for pensionary benefits. That was disallowed and hence the writ petition was filed.

2. The question is whether the uninterrupted provisional service without break is liable to be counted for pensionary benefits. The date of appointment has to be taken from the date of appointment by Public Service Commission. Normally, provisional service is not taken into account fo