K.G.Shankar, J.

The Union of India represented by the Ministry of Personnel, Public Grievances and Pensions laid the present writ petition impugning the order dated 05.02.2010, of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for short 'the Tribunal') in a~A.No.242 of 2009, wherein the Tribunal held that the applicant in the O.A. was entitled to receive dearness relief, interim relief and the like on full basic pension from 01.01.1988 since he retired from the service of HCL on 31.12.1987 on attaining superannuation and that the entitlement to receive the relief is even during the period of commutation period of 15 years.

2. The facts of the case, in brief, are:

The applicant joined in the postal department in 1948. He was permitted to retire from service in 1982 facilitating him for absorption in Hindustan Cables Limited (HCL), which is a Government of India undertaking.

The applicant was absorbed in HCL with effect from 01.01.1983. He commuted his 100% basic pension with effect from 01.01.1983 and received all the terminal benefits. He retired from service from HCL on 31.12.1987 on attaining superannuation.

Subsequently, the applicant claimed that he was entit