JUDGMENT : I.M. Quddusi, J. - This writ petition has been filed on behalf of the Union of India through Secretary, Ministry of Communication and two others against the impugned Judgment dated 10.12.2003 and order passed by the Central Administrative Tribunal in O.A. No. 402 of 2002 holding that the Applicants before it (Opp. Parties in the instant writ petition) are entitled to avail the concessional telephone facilities extended by the Department of Tele Communication as they had put in 20 to 30 years of service in the undivided Posts & Telegraph Department in view of the decision rendered by the Full Bench of the Tribunal and consequently it was directed by the Tribunal to extend the concessional Telephone facilities to those Applicants before it. The Applicants before the Tribunal were the Association of All India Central Government Pensioner's, Orissa Circle, Cuttack and its President. 2. The brief facts of the case are that earlier there was Post and Telegraph Department which was bifurcated into two Departments on 1.4.1985 namely Department of Post (DOP) and Department of Telecommunication (DOT). Some employees retired before its bifurcation who were working and discharging the duties of both sides i.e. Postal and Telecommunication services. At the time the Ministry of Communications had provided Telephone facilities at the residence of the employees working in the undivided Post and Telegraph Department, who were attending both postal telegraph and telecom work. The Ministry of Communications, Government of India, Department of Telecommunication issued a circular on 25th September, 1998 addressed to all Chief General Manager, Telecom Circles in which it has been inter alia provided that all the employees (both permanent and temporary) who have put in minimum 20 years or more continuous service in DOT or having their last posting in DOT will be covered under the scheme in which it has been decided to grant the concessional telephone facilities to them. The benefit will also be available to the spouse of the eligible employees who died in harness before putting 20 years of service or after the death of retired eligible employees. The telephone will be rent-free and will have the following free calls: Group 'A' ... 1000 calls Group 'B' ... 500 calls Group 'C' ... 300 calls Group 'D' ... 200 calls. 3. The date of implementation of the scheme was 1.10.1998. The telephone will be rent-free and will have the following free calls: Group 'A' ... 1000 calls Group 'B' ... 500 calls Group 'C' ... 300 calls Group 'D' ... 200 calls. 3. The date of implementation of the scheme was 1.10.1998. Being aggrieved the Association as well as its President individually filed the O.A. No. 409 of 2002 on behalf of the retirees who were recruited and superannuated from service either from the Department of Post and Telegraph or in the Department of Post. The Tribunal disposed of the O.A. basing upon its Full Bench decision in the case of J.P. Kaushik v. Union of India in which the Three Member Bench of the Tribunal in paragraph-11 of the Judgment held as follows: Taking into account the fact that the two Departments, namely, the DOP and DOT came into effect only from 1.4.1985 when they were bifurcated by the Ministry of Communications and considering the terms and conditions laid down in para 2 of the Circular dated 25.9.1998, it would include the employees who had put in 20 yeas or more continues service in the erstwhile Posts and Telegraph Department even where the cadre controlling authority continuous to be the DOT, like in the P & T Accounts and Finance Service, 'Group-A', which is a common service for both the Departments. Those employees shall be eligible for the grant of concessional telephone facility as per the Circular dated 25.9.1998. 4. Being aggrieved, the instant writ petition has been filed on behalf of the Union of India. Availing the concessional telephone facilities by the erestwhile employees of the Post and Telegraph Department is not a new thing. After bifurcation of the department of Posts and Telecommunication, whether concessional telephone facility was given to those retired employees who after bifurcation served the Department of Posts or not and whether by issuing the circular dated 25.9.1998, the Department of Telecommunication has withdrawn the telephone facilities from the employees who were also enjoying those facilities from the date of their retirement, and/or as to whether the employees of Post and Telegraph Department were continuing to avail such facility and only after bifircation the facility is not being extended to the employees who are working under Department of Posts is also not known. Therefore, the Tribunal should have found out first of all whether it was a case of curtailment of the facilities by issuing circular dated 25.9.1998 or was a facility in the new policy providing for concessional telephone facilities. Further if the new policy was laid down curtailing the facilities which was being availed of on the bifurcation of the Department of Post and Telecommunication, the Tribunal should have decided the case of the Opp. parties looking into that aspect. 5. Since we do not find any finding of the Tribunal on the above issue in the impugned order, we are of the opinion that the matter be remitted to the Tribunal for a fresh decision in the light of the above observation and we so direct. Accordingly we set aside the impugned Judgment and remit the matter to the Tribunal for fresh disposal in the light of the observations made above. Since the learned Single Member Bench rendered the impugned decision following the Three Members Bench decision (supra), the matter is liable to be decided by a Bench consisting of not less than Three Members independently without being influenced by the order passed by the Three Member Bench in the case of J.K. Kaushik (supra). The writ petition is accordingly disposed of. There would be no order as to costs. N. Prusty, J. 6. I agree.