The tribunal erred in applying pension rules to include non-applicable service years, violating statutory provisions.

1. The present original petition is directed against the judgment dated 12.07.2016 of Central Administrative Tribunal in O.A.No.957 of 2014 whereby the respondent - applicant has been held entitled to pension under the CCS (Pension) Rules, 1972 by counting her regular service of seven(7) years five(5) months and 50% of Temporary Status Service for the purpose of pension and pensionary benefits. The question posed before us is 'whether the document Ext.A10 dated 10.09.1993 whereby the employees working in the various offices of the department when regularized, would be applicable to the employees of the Board for granting the benefit of 50% of services of temporary status'. Paragraph No.3 of Annexure A10 order reads as under:
"...3.This scheme is applicable to casual labourers in employment of the Ministries / Departments of Government of India and their attached and subordinate offices, on the date of issue of these orders. But it shall not be applicable to casual workers in Railways, Department of Telecommunication and Department of Posts who already have their own schemes."
Whereas paragraph No.5 of Annexure A10 says that 50% of pension would be granted.

2. The facts for applicability or non applicability of the aforementioned certificate in short are enumerated herein.
Respondent - applicant had worked as Ayah from 02.02.1987 to 30.09.2000 with the salary, earlier at the rate of Rs.300/- and subsequently enhanced Rs.600/- per month. On 01.10.2000 all the employees of Department of Telecommunication were given option either to be retained at Bharath Sanchar Nigam Limited (BSNL) or the Department of Telecommunication. On account of some error, the letter was also sent to the respondent applicant for giving the option which was later on clarified vide communication dated 04.05.2007 Annexure R5, that any option issued according temporary status to the casual labourers would be treated as null and void. Service of the respondent - applicant was regularized vide Annexure A3 dated 24.11.2000 with effect from 01.10.2000 and superannuated on 31.03.2008 by rendering seven(7) year and five(5) months of service. CCS (Pension) Rules provides that the person who retired after having rendered ten(10) years of service would be entitled to pensionary benefits. The case of the petitioner again revolves around the interpretation of paragraph No.3 of Annexure A10. It is clearly mentioned that it will not be applicable to the employees of the Department of Telecommunications. However, the tribunal in the impugned order had erroneously treated it to be applicable to the employees of the Department of Telecommunications (DoT). There is no other statutory provisions of law or rules in counting the period of temporary status in the manner as it has been done above for entitling the ten(10) years of service for the purpose of pensionary benefits.

3. We are of the view that the learned tribunal has not noticed paragraph No.3 of Annexure A10 which is not made applicable to the employees of the Department of Telecommunications for accounting the period of 50% of the casual period for the purpose of length of the service. For the reason aforementioned there is an abdication and opaqueness in the order of the tribunal, hence, the order impugned is set aside. O.A. is dismissed.