ORDER : Sanjay Yadav, J. 1. Whether a Senior Auditor (Apprentice) appointed by virtue of direct recruitment under Madhya Pradesh State Local Fund Audit Subordinate Accounts Service Recruitment Rules, 1969 (for brevity Recruitment Rules, 1969) can be said to be an appointment to Madhya Pradesh State Local Fund Audit Subordinate Accounts Service from the initial date of recruitment and joining as apprentice or from the date when he is absorbed after completion of successful apprenticeship and probation, is the issue which crops up for consideration. 2. The said issue crops up in the backdrop of the insertion of sub-clause (g) under clause (ii) of Rule 2 of Madhya Pradesh Civil Services (Pension) Rules, 1976 (hereinafter referred to as Pension Rules, 1976). 3. Clause (ii) of Rule 2 of the Pension Rules, 1976 is an exclusion clause excluding the class of persons/government servants from the applicability of Pension Rules, 1976. Sub clause (g) whereof mandates that the provisions of Pension Rules, 1976 shall not apply to: "Government servants appointment on or after 1st January 2005 to the services and posts in connection with the affairs of the State, either temporarily or permanently." 4. Indisputably, in pursuance to the advertisement issued in early 2003, applications were invited under the Special Recruitment Drive to fill in the post of Senior Auditors (Apprentice), Assistant Auditor and Assistant Grade III from backlog of the post earmarked for direct recruit, the petitioners were selected as Senior Auditors (Apprentice) and were appointed by order-dated 25.8.2003. One such specimen order is brought on record as Annexure P/2. One such specimen order is brought on record as Annexure P/2. The appointment as evident from the order was on the following terms and conditions:- 1- f'k'kq{kq vof/k nks o"kZ dh gksxh ,oa bl vof/k esa mUgsa T;s"B laijh{kd ds in dks ykxw osrueku :i;s 5000&150&8000 esa izkajfEHkd osru :i;s 5000@& ,oa 'kklu }kjk Lohd`r vU; HkRrs ns; gksaxsA bl vof/k esa deZpkjh dks lS)kafrd ,oa O;kogkfjd izf'k{k.k fn;k tk;sxk rFkk foHkkxh; v/khuLFk ys[kk lsok ,lŒ,Œ,lŒ ijh{kk Hkkx&,d ,oa Hkkx&nks mRrhZ.k djuh gksxhA f'k'kq{kq vof/k iw.kZ djus ij deZpkjh dks ,d o"kZ ds ifjoh{kk vof/k esa j[kk tk;sxkA 2- f'k'kq{kq ,oa ifjoh{kk vof/k esa vkidk dk;Z ,oa vkpj.k larks"ktud u ik, tkus ;k fofgr foHkkxh; ijh{kk Hkkx ,d ,oa nks visf{kr Lrj ls mRrhZ.k u djus ij ;k vU; i;kZIr dkj.kksa ls vkidh lsok,a lekIr dj nh tk;sxhA rFkkfi fo'ks"k izdj.k esa larks"ktud dk;Z vkpj.k dks ns[krs gq, vkidh lsok,a 'kklu vuqefr ls lgk;d laijh{kd ds fuEu laoxZ esa fu;qfDr nh tk ldrh gSA 3- T;s"B laijh{kd ds laoxZ esa fu;fer fu;qfDr 2 o"kZ dh f'k'kq{kq vof/k ;k ,lŒ,Œ,lŒ ijh{kk mRrhZ.k djus dh frfFk tks Hkh ckn esa gks] ls dh tkosxhA rFkk ikjLifjd ofj"Brk ,lŒ,Œ,lŒ ijh{kk mRrhZ.k gksus dh frfFk ,oa p;u lwph ds vk/kkj ij r; gksxhA vkids ifjoh{kk/khu dkykof/k ,d o"kZ dh jgsxh ftls iwjk djus ds i'pkr~ ;fn LFkk;hdj.k ds fy, in miyC/k u gks rks T;s"B laijh{kd ds laoxZ esa mUgsa v)Z LFkk;h ?kksf"kr fd;k tk;sxk ,oa in miyC/k gksus ij LFkk;hdj.k gksxkA 4- deZpkjh dh inLFkkiuk eŒizŒ esa fdlh Hkh LFkku ij foRr&foHkkx ds vUrxZr fdlh Hkh dk;kZy; esa dh tk ldsxhA lsok ds nkSjku dk;Z fujUrj 'kkldh; ;k=k ij laijh{kk/khu fudk;ksa dh laijh{kk djuk gS ,oa chek ;kstuk ds ys[kk ;kstuk ds ys[kk la/kkj.k ls lacaf/kr dk;Z vfuok;Z gSaA 5- nks o"kZ dh f'k'kq{kq ,oa ,d o"kZ dh ijhoh{kk vof/k esa fu;qfDr iw.kZr% vLFkk;h gksxh rFkk fdlh Hkh le; fcuk dksbZ dkj.k crk, ,d ekg dh iwoZ lwpuk ij lsokeqDr fd;k tk ldsxkA deZpkjh }kjk 'kkldh; lsok NksM+us ij ,d ekg dh iwoZ lwpuk u nsus dh fLFkfr esa ,d ekg ds osru ,oa HkRrs dh jkf'k 'kklu dks ns; gksxh rFkk uksfVl de vof/k dk gksus dh n'kk esa mDr /kujkf'k Hkw&jktLo dh cdk;k dh rjg olwyh dh tkosxhA 6- deZpkjh dks Lo;a dh LoLFkrk dh tkap flfoy ltZu ls djkus gsrq LFky ls Kkiu izkIr dj esMhdy tkap flfoy ltZu ls djkdj flfoy ltZu dk izek.k&i= mifLFkfr izfrosnu izLrqr djrs le; izLrqr djuk gksxkA dk;Z ij mifLFkr gksus ds iwoZ mUgsa fdlh dsUnzh; vFkok jktdh; jktif=r vf/kdkjh vFkok oSrfud eftLVsªV }kjk fn;k x;k pfj= laca/kh izek.k&i= ftlesa de ls de rhu o"kksZa dk mYys[k fd;k x;k gks izLrqr djuk gksxkA lkFk gh l{ke vf/kdkjh dk ewy fuoklh izek.k&i=] jkstxkj dk;kZy; dk thfor iath;u] tkfr izek.k&i= dh lR;kfir izfr ,oa 'kS{kf.kd ;ksX;rk laca/kh izek.k&i=ksa dh lR;kfir izfr ewy izek.k&i= ds lfgr izLrqr djuh gksxhA ewy izek.k&i= lR;kiu ds i'pkr~ okil fd;s tkosaxsA 7- ;g fu;qfDr vkns'k pfj= lR;kiu ,oa tkfr izek.k&i= ds lR;kiu dh izR;k'kk esa tkjh fd, tk jgs gSA iqfyl }kjk pfj= lR;kiu gsrq vuqizek.ku QkeZ Hkjdj izLrqr djuk gksxkA iqfyl foHkkx }kjk vkids pfj= lR;kiu esa izfrdwy fVIi.kh vafdr dh tkus ij rRdky izHkko ls lsok ls i`Fkd fd;k tkosxkA 8- vH;kFkhZ dks vius in ij mifLFkr gksus gsrq fu;qfDr LFky ij fnukad 30-08-2003 rd vfuok;Z :i ls mifLFkr gksuk gksxkA vU;Fkk mUgsa izlkfjr mDr fu;qDr vkns'k fujLr ekuk tkosxkA fu;qfDr LFky ij mifLFkr gksus gsrq mUgsa dksbZ ;k=k HkRrk ugha fn;k tkosxkA 9- vfr egRoiw.kZ%& mijksDrkuqlkj fu;qfDr ekuuh; mPp U;k;ky; [k.MihB Xokfy;j }kjk ;kfpdk dzekad MCY;wŒihŒ 1730@2003 esa fnukad 27-06-2003 dks ikfjr varfje vkns'k ds lanHkZ esa ekuuh; U;k;ky; ds vafre fu.kZ; ds v/khu gSA** 5. Thus, as per condition No. 1 the incumbents were appointed as Apprentice for a period of two years on a pay of Rs. 5000/- per month, being the minimum of scale Rs. 5000- 150-8000. During which period they will undergo theoretical and practical training where after they will have to pass Subordinate Accounts Service Part I and Part II Examination. After successful completion of apprenticeship, the incumbent will be on probation for one year. Condition No. 2 stipulated that in case of unsatisfactory performance during the period of apprenticeship and probation, the services would be dispensed with. Condition No. 3 mandates that the regular appointment in the cadre would after successful completion of apprenticeship and probation and in case the permanent post are not available, they will be declared quasi-permanent till the regular post is available. Condition No. 5 provides for that the period of apprenticeship and the probationer shall be treated as temporary service. 6. The petitioners on completion of two years' apprenticeship were appointed in the cadre in grade Rs. 5000-150-8000 on probation for a period of one year vide order dated 22.10.2005. The appointment were temporary. The order states: ^^lapkyuky; chek rFkk LFkkuh; fuf/k laijh{kk foHkkx esa lh/kh HkrhZ ds ek/;e ls fu;qDr fuEu T;s"B laijh{kkd dks ftuds }kjk 2 o"kksZa dh f'k'kq{kq vof/k iw.kZ djus ,oa foHkkxh; v/khuLFk ys[kk lsok ijh{kk ¼Hkkx&,d ,oa nks½ mRrhZ.k fd;s tkus ij mudks dk;ZHkkj xzg.k djus ds fnukad ls iw.kZr% vLFkk;h :i ls ,d o"kZ dh ifjoh{kk ij osrueku :Œ 5000&150&8000 esa fu;qDr djrs gq, muds uke ds lEeq[k nf'kZr {ks=h; dk;kZy; ds vUrxZr inLFk fd;k tkrk gSA** 7. The petitioners thereafter were appointed on regular basis by order-dated 20.3.2008. The petitioners thereafter were appointed on regular basis by order-dated 20.3.2008. The order states:- ^^lapkyuky; chek rFkk LFkkuh; fuf/k laijh{kk foHkkx esa lh/kh HkrhZ ds ek/;e ls fu;qDr fuEu T;s"B laijh{kd ftudksa 2 o"kZ dh f'kf'k{kq vof/k rFkk ,d o"kZ dh ifjoh{kk vof/k ij o"kZ 2003 esa fu;qDr fd;k x;k FkkA buds }kjk 2 o"kZ dh f'kf'k{kq vof/k iw.kZ djus rFkk foHkkxh; v/khuLFk ys[kk lsok ijh{kk Hkkx ,d ,oa nks mRrhZ.k djus ij budks lapkyuky;hu vkns'k dzekad 173@05 Xokfy;j fnukad 22 vDVwcj 2005 ,oa 83@06 Xokfy;j fnukad 14-07-2006 }kjk ,d o"kZ dh ifjoh{kkof/k ij osrueku 5000&150&8000 esa fu;qDr fd;k x;k FkkA bu uofu;qDr T;s"B laijh{kdksa }kjk ,d o"kZ dh ifjoh{kkof/k iw.kZ dh tk pqdh gSA rFkk buds fo:) dksbZ foHkkxh; tkap@vkjksi i=@fuyEcu bR;kfn dh dk;Zokgh izfdz;k/khu ugha gS rFkk buds o"kZ 2004 ls 2007 rd ds xksiuh; pfj=kofy;ksa esa fdlh dks Hkh ?k Js.kh izkIr ugh gqbZ gSA vr% uofu;qDr T;s"B laijh{kdksa }kjk ,d o"kZ dh ifjoh{kkof/k larks"kizn iw.kZ dj ysus ij budh ifjoh{kkof/k lekIr dj ifjoh{kk ij fu;qfDr fnukad ls ,d o"kZ ckn fu;fer okf"kZd osru o`f) iznku djus dh Lohd`fr nh tkrh gSA** 8. That, the State Government vide notification no. F-09-03-2005/Rule-4, dated 2.4.2005 issued by the Department of Finance, Government of Madhya Pradesh while excluding the Government Servant from the applicability of Madhya Pradesh Civil Services (Pension) Rules, 1976 and Madhya Pradesh General Provident Fund Rules, introduced a contributory pension scheme to the Government Servant appointed after 1.1.2005. A circular to that effect was issued vide No. 09-03-2003/Rule-4, Bhopal, dated 13.4.2005. 9. A circular to that effect was issued vide No. 09-03-2003/Rule-4, Bhopal, dated 13.4.2005. 9. That, a clarification in the following terms were issued vide Government of Madhya Pradesh, Department of Finance Circular No. F 09-03-2005/Rule-4, dated 17.10.2006 in the following terms: ;kstuk ykxw gksus laca/kh Li"Vhdj.k fo"k; %& jkT; 'kklu ds v/khu fnukad 01-01-2005 vFkok blds ckn fu;qDr gksus okys deZpkfj;ksa dks ifjHkkf"kr va'knku ;kstuk ykxw fd;k tkukA lanHkZ %& foHkkx dk Kki0 dz0 ,Q&9@3@2003@fu;e@pkj] fnukad 13-04-2005 e/;izns'k 'kklu ds v/khu flfoy lsok o flfoy inksa ij fnukad 01-01-2005 ds i'pkr~ fu;qDr deZpkfj;ksa ds fy, lanfHkZr Kki fnukad 13-04-2005 }kjk ifjHkkf"kr va'knku isa'ku ;kstuk ykxw dh xbZ gSA mDr va'knku ;kstuk ds lanHkZ esa dfri; foHkkxksa us ;g tkuuk pkgk gS fd tks vf/kdkjh@deZpkjh iwoZ ls lsok esa gS rFkk budh uohu fu;qfDr ihŒ,lŒlhŒ@fu/kkZfjr p;u izfdz;k }kjk fnukad 01-01-2005 ds i'pkr~ dh xbZ gS] mUgsa e/;izns'k flfoy lsok isa'ku fu;e] 1976 ykxw gksaxs vFkok va'knk;h ¼isa'ku½ ;kstuk ykxw gksxhA 2- bl laca/k esa Li"V fd;k tkrk gS fd ,sls vf/kdkjh@deZpkjh tks fnukad 01-01-2005 ds iwoZ ls jkT; 'kklu dh fu;fer lsok esa gS rFkk ftudh fu;qfDr fu/kkZfjr p;u izfdz;k }kjk fnukad 01-01-2005 ds i'pkr~ dh xbZ gS] ,sls ekeyksa esa e/;izns'k flfoy lsok isa'ku fu;e] 1976 ykxw gksaxsA ,sls deZpkfj;ksa ds ekeyksa esa foRr foHkkx ds Kki fnukad 13-04-2005 }kjk tkjh va'knku isa'ku ;kstuk ykxw ugha gksxhA 10. Further clarification in respect of Madhya Pradesh State Local Fund Audit Subordinate Accounts Service, was issued on 30.12.2006 in the following terms: ^^dzekad ,Q&10@11@2005@bZ@pkj %& e/;izns'k v/khuLFk ys[kk lsok HkrhZ rFkk lsok dh 'krZ fu;e&1965 ds fu;e&22 vuqlkj izko/kku gS fd lsok esa izR;{k :i ls HkrhZ fd;k x;k izR;sd O;fDr 02 o"kZ dh dkykof/k ds fy, f'kf'k{kq ds :i esa HkrhZ fd;k tk;sxk] ml dkykof/k ds nkSjku esa mls ,slk izf'k{k.k ikB~;dze xzg.k djuk gksxk rFkk ,slh foHkkxh; ijh{kk mRrhZ.k djuh gksxh ftls 'kklu fofu'pr djsaA foHkkxh; ijh{kk mRrhZ.k dj yssus ij f'kf'k{kq ifjoh{kk ij lsok esa fu;qfDr dk ik= gksxkA ifjoh{kk dh dkykof/k ,d o"kZ dh gksxhA 2- ewyHkwr fu;eZ&9@5@7@,@1 ds vuqlkj ifjoh{kk/khu vof/k ;k f'kf'k{kq ds :i esa dh x;h lsok tks vkxs pydj LFkk;h gks x;h gks] dks drZO; ekuk tkrk gSA bl izdkj e/;izns'k v/khuLFk ys[kk lsok ¼HkrhZ rFkk lsok dh 'krZ fu;e½ 1965 ds izko/kku ewyHkwr fu;eksa ds foijhr FksA mijksDr folaxfr;ksa dks fnukad 25-09-1989 ds la'kks/ku }kjk nwj fd;k tk pqdk gSA ysfdu la'kks/ku fnukad 25-09-1989 ls iwoZ ds fu;qDr vf/kdkfj;ksa dh f'kf'k{kqrk vof/k dk fujkdj.k blls ugha gks ldsxkA 3- izdj.k esa fof/k foHkkx dk vfHker izkIr fd;k x;k] ftlds vuqlkj lsok HkrhZ fu;eksa dks eŒizŒ flfoy lsok@'krZ fu;e&1961 ds izko/kkuksa ds vuq:i gksuk pkfg,A vr% o"kZ 1987 esa e/;izns'k v/khuLFk ys[kk lsok esa fu;qDr ,sls f'kf'k{kqvksa dks f'kf'k{kqrk vof/k dks drZO; vof/k ekU; fd;k tkrk gS] ftUgsa vkxs LFkk;h dj fn;k x;k gSA** 11. With the issuance of aforesaid clarification, demand was raised by the members of State Local Fund Audit Subordinate Accounts Service like the petitioners for extending them the benefit under the Pension Rules, 1976; rather, treating them as a member of contributory pension scheme introduced from 1.1.2005. The claim was turned down on the ground that the petitioners since were appointed to service after cut-off date i.e. 1.1.2015, they are not entitled to be treated as member of pensionary establishment under Pension Rules, 1976. 12. It is in this context the issue referred to above arises for consideration. 13. However, before dwelling on the issue which crops for consideration, relevant rules of Recruitment Rules, 1969 i.e. Rule 2(h), 5 & Schedule I, Rules 6 and 7 are taken note of. These Rules are in the following terms: "2. Definitions :- ... (h) Service means the Madhya Pradesh State Local Fund Audit Subordinate Accounts Service; ... 5. 13. However, before dwelling on the issue which crops for consideration, relevant rules of Recruitment Rules, 1969 i.e. Rule 2(h), 5 & Schedule I, Rules 6 and 7 are taken note of. These Rules are in the following terms: "2. Definitions :- ... (h) Service means the Madhya Pradesh State Local Fund Audit Subordinate Accounts Service; ... 5. Classification, Scale of pay, etc.- The classification of the Service, the scale of pay attached thereto and the number of posts included in the Service shall be in accordance with the provisions contained in the Schedule I hereto annexed: Provided that the Government may, from time to time add to reduce the number of posts included in the service, either in a permanent or temporary basis. Schedule I (Vide Rule 5) Madhya Pradesh State local fund audit subordinate Accounts Service Name of posts include in the service Number of posts Classification Scale of pay DUTY POSTS-Senior Auditors 50 Class III Ministerial 190-10-250-EB-12-1/2-300 6. Method of recruitment.- (1) Recruitment to the Service, after the commencement of these rules, shall be by the following methods, viz. (a) by direct recruitment by Selection; (b) by promotion of members of the Madhya Pradesh State Local Fund Audit Ministerial Service who have passed the Examination; (c) by transfer of persons from other services as and when necessary under special circumstances. (2) The number of persons recruited under clause (a) of sub-rule (1) shall not at any time exceed the percentage shown in Schedule II of the number of duty posts (as specified in Schedule I). (3) Subject to the provisions of these rules, the method of methods or recruitment to be adopted for the purpose of filling any particular vacancy of vacancies in the Service as may be required to be filed during any particular period of recruitment, and the number of persons to be recruited by each method, shall be determined on each occasion by the Examiner. (4) Notwithstanding anything contained in sub-rule (1), if in the opinion of the Examiner the exigencies of the Service so require, the Examiner may, after consulting the Government, adopt such methods of recruitment to the Service other than those specified in the said sub-rule, as he may, by order issued in this behalf, prescribe. 7. (4) Notwithstanding anything contained in sub-rule (1), if in the opinion of the Examiner the exigencies of the Service so require, the Examiner may, after consulting the Government, adopt such methods of recruitment to the Service other than those specified in the said sub-rule, as he may, by order issued in this behalf, prescribe. 7. Appointment to the Service.- All appointments to the Service after the commencement of these Rules shall be made by the Examiner and no such appointment shall be made except after selection by one of the methods of recruitment specified, in rule 6. ... 13. Probation.- Every person directly recruited to the Service shall be appointed on probation for a period of THREE years as apprentice and will be required to pass the Examination during this period." 14. Evident it is from the combined reading of aforesaid Rules that Senior Auditor is a cadre post under the Recruitment Rules, 1969. 15. Madhya Pradesh Fundamental Rule 9(4) defines the word cadre to mean the strength of a service or a part of a service sanctioned as a separate unit. Apparent it is from Rule 5 and Schedule I appended thereto that the post which exists in a cadre is that of Senior Auditors and there is no post like Senior Auditors (Apprentice). True it is that it is within the competence of the State to create as much as cadre post as the administrate exigency warrants in service but, that is not the case presently. In Dr. Charkardhar Paswan vs. State of Bihar, AIR 1988 SC 959 , their Lordships while dwelling on the distinction between cadre and service, were pleased to observe: 7-A..........In service jurisprudence, the term cadre has a definite legal connotation. In the legal sense, the word cadre is not synonymous with service. Fundamental Rule 9(4) defines the word cadre to mean the strength of a service or part of a service sanctioned as a separate unit. The post of the Director which is the highest post in the directorate, is carried on a higher grade or scale, while the posts of Deputy Directors are borne in a lower grade or scale and therefore constitute two distinct cadres or grades. The post of the Director which is the highest post in the directorate, is carried on a higher grade or scale, while the posts of Deputy Directors are borne in a lower grade or scale and therefore constitute two distinct cadres or grades. It is open to the Government to constitute as many cadres in any particular service as it may choose according to the administrative convenience and expediency and it cannot be said that the establishment of the Directorate constituted the formation of a joint cadre of the Director and the Deputy Directors because the posts are not interchangeable and the incumbents do not perform the same duties, carry the same responsibilities or draw the same pay. The conclusion is irresistible that the posts of the Director and those of the Deputy Directors constitute different cadres of the Service. It is manifest that the post of the Director of Indigenous Medicine, which is the highest post in the Directorate carried on a higher grade or scale, could not possibly be equated with those of the Deputy Directors on a lower grade or scale." 16. Applying the said principle in the case at hand, in absence of a cadre of Senior Auditor (Apprentice), it can safely be said that the appointment through direct recruitment as Senior Auditor (Apprentice) is, under rule, an appointment as Senior Auditor, which is a part of service. In this context, reference can be had of a decision in G.R. Luthra vs. Lt. Governor, AIR 1974 SC 1908 , wherein it is observed: 27. In Fundamental Rule 9(22) "permanent post" means a post carrying a definite rate of pay sanctioned without limit of time. Fundamental Rule 9(30) defines "temporary post" as a post carrying a definite rate of pay sanctioned for a limited time. Temporary posts may be posts created to perform the ordinary work for which permanent posts already exist. Temporary posts may also be temporary addition to the cadre of a service. "Cadre" in Fundamental Rule 9(4) means the strength of a service or part of a service sanctioned as a separate unit. In the case of a temporary addition to the cadre of a service the power of the authorities to create such a post will depend on the provisions of the Rules. "Cadre" in Fundamental Rule 9(4) means the strength of a service or part of a service sanctioned as a separate unit. In the case of a temporary addition to the cadre of a service the power of the authorities to create such a post will depend on the provisions of the Rules. Isolated posts may be created for the performance of special tasks unconnected with the ordinary work which a service is called upon to perform. Such temporary posts are treated as unclassified and isolated ex cadre posts. Here again the power to create the post depends on the provisions contained in the Rules. Where however temporary posts are considered as temporary additions to the cadre of a service the incumbents of those posts will draw their time scale pay." 17. Thus, when a post is a cadre post that is part of service an appointment to such post is an appointment to service. 18. Furthermore, the scheme of Recruitment Rules, 1969 is that, with selection through direct recruitment, the incumbent is appointed on probation, which is in two parts. First two years, the selectee has to undergo an apprenticeship and after passing the examination, he has to undergo probation for one year before being confirmed in service. These three years are the part of duty he has to undergo on his appointment in service. Thus, even these three years are the services rendered by an incumbent appointed as Senior Auditor. It cannot, therefore, be said that an incumbent appointed as Senior Auditor by direct recruitment by selection is not appointed to the State Local Fund Audit Subordinate Accounts Service and that the appointment to service is deferred till he has successfully completed his probation period which includes apprenticeship. There is no such provision in the Recruitment Rules, 1969. Rather, it is an appointment to a post in connection with service of the State and the confirmation is of appointment to the post is subject to successful completion of the probation period of three years including two years' apprenticeship. 19. In view whereof, the appointment of petitioners by direct recruitment to the State Local Fund Audit Subordinate Accounts Service is with effect from 25.8.2003 i.e. the initial date of appointment and not from 22.10.2006, when they successfully completed the probation period, as construed by the respondents. 19. In view whereof, the appointment of petitioners by direct recruitment to the State Local Fund Audit Subordinate Accounts Service is with effect from 25.8.2003 i.e. the initial date of appointment and not from 22.10.2006, when they successfully completed the probation period, as construed by the respondents. Rule 15 of Pension Rules, 1976 is, therefore, to be understood in the light of above analysis. It (i.e. Rule 15) envisages: "Counting of service as apprentice. - Service as an apprentice shall not qualify, except in cases where it qualifies under the pension rules applicable at the time when the service was rendered." 20. In the case at hand, the petitioners being appointed as Senior Auditors which is a cadre post in service and not as apprentice, an apprenticeship during probation cannot, in the considered opinion of this Court, be construed as service rendered as apprentice as would deprive them from counting the period as service period. In this context, reference can be had of a decision in M.P. Pradhan vs. Union of India, AIR 1990 SC 891 , wherein it has been held: "5. We have examined the admitted entries in the service book of the appellant which are on the record. These entries show that the appellant joined service as paid apprentice on substantive permanent basis on 1st of July, 1937. It is correct that from 1st of July, 1937 upto 1st of August, 1941 he has been shown in the service book to be appointed in officiating capacity to various posts but the fact remains that his basic appointment as paid apprentice was permanent. The finding of the Tribunal that the appellant was made permanent for the first time as Copyist on 1st August, 1941 cannot be accepted in the face of clear entries in the service book showing that he joined as paid apprentice on permanent basis on 1st of July, 1937. Joining as paid apprentice on permanent basis cannot be anything else but entering Government service on permanent basis and since the entry was before 31st March, 1938 Fundamental Rule 56(c)(i) is attracted and the appellant is entitled to remain in Government service till the age of 60 years." 21. Thus understood, decision taken by the department in not treating the petitioners as not borne on pensionable establishment cannot be countenanced. Thus understood, decision taken by the department in not treating the petitioners as not borne on pensionable establishment cannot be countenanced. The petitioners being appointed to service prior to 1.1.2005, are amenable to the provisions of Pension Rules, 1976. The issue is, accordingly, answered in favour of the petitioners and similarly situated other Senior Auditors appointed prior to 1.1.2005 to Madhya Pradesh State Local Fund Audit Subordinate Accounts Service. 22. In the result, petition is allowed to the extent above. No costs.