JUDGMENT : (AMIT RAWAL, J.) This judgment shall dispose of four OP(CAT) Nos. 45/2017, 74/2018, 84/2018 and 79/2017 arising out of different judgments. OP(CAT) No.45 of 2017 arising out of judgment dated 17.06.2016 in O.A.No.1056/2014 is considered to be the lead case. However, the said judgment has been followed in other OA’s, ie., O.A.Nos. 925/2015, 183/2015 and 182/2015, thus, we take up the facts from the lead case. 2. Respondents/applicants had approached the Central Administrative Tribunal by raising grievance with regard to improper fixation of pay and non-extension of the pay fixation benefits under the Non-Executive Promotion Policy (hereinafter referred to as “NEPP”) Scheme and consequent anomaly of juniors drawing higher pay than the applicants. 3. Before 01.10.2000, there were two departments, one was Department of Postal and Telegraph and the other was the department of Indian Telecommunication. Both merged together with effect from 01.10.2000. In order to bring succor with regard to the grievances of the employees working in the DoPT, Bharath Sanchar Nigham, on 23.03.2010, came out with the Non Executive Promotion Policy (NEPP) for the employees in the Industrial Dearness Allowance pay scales of Non-Executive–1 to Non-Executive-10 of Bharat Sanchar Nigam Limited and its implementation thereof. The scope of the aforementioned time-bound IDA scale upgradation policy was that the Non-Executive employees absorbed or recruited by the BSNL, who were working on regular establishment of BSNL as on 01.04.2008 or after, in a substantive Non- Executive post and drawing Non-Executive pay scale of Non- Executive-1 to Non-Executive-10 (hereinafter referred to “NE-1 - NE-10”) would be covered by the policy and maximum four upgradations would be allowed in the BSNL, irrespective of any upgradation provided to such employees before the formation of BSNL. The review date was fixed on 1 st of October of each year, with the policy with reference to 01.10.2004. 4. The review date was fixed on 1 st of October of each year, with the policy with reference to 01.10.2004. 4. Clause 3 of the aforementioned policy specified the qualifying service conditions as that, all the four upgradations from the existing Non-Executive IDA pay scale to the next higher Non-Executive IDA pay scale of individuals, non-Executive employees will be considered on completion of 8 years of qualifying service in the current Non-Executive IDA pay scales and for the Non-Executive who have been recruited by DoT prior to 1.10.2000, there will be a concession for a time- bound IDA pay scale, i.e., the first time bound IDA pay scale upgradation is to be given after 4 years of service i by the employee as on 01.10.2000, which will be only notional and the second time bound pay scale upgradation will be considered after 7 years of service in the first upgraded non-executive IDA pay scale. Clause 5 of the aforementioned Non-Executive Promotion Policy envisage an option to continue in the erstwhile time bound promotion scheme and paragraph 6 enumerates the general principles. Paragraphs 5 and 6.4 which are relevant for consideration are extracted herein below: “5. Option to Continue in erstwhile time bound promotion schemes 5.1 All the Non-Executive employees will automatically and uniformly be covered by this promotion policy. Existing OTBP/BCR/Grade-IV/ ACP policy will cease to exist from the date of notification of this Non-Executive Promotion Policy, as a general measure. An individual non-executive employee may, however, opt to remain out of the purview of this scheme to continue in his erstwhile time bound promotion scheme. option to remain out of the purview of this policy will have to be exercised within one month from the date the circle authority/ SSA Head asks for such option at the time of implementation of the policy with reference to the first review date. If option is not exercised within the stipulated time period, it would be construed as if the concerned Non-Executive has opted for this Non- Executive Promotion Policy and accordingly he/she will be governed by the provisions of the Non-Executive Promotion Policy. The Option Form is annexed herewith. 5.2 The promotion of such person who opts to continue in his/her erstwhile time bound promotion scheme viz., OTBP/ BCR/ Grade-IV/ ACP etc. The Option Form is annexed herewith. 5.2 The promotion of such person who opts to continue in his/her erstwhile time bound promotion scheme viz., OTBP/ BCR/ Grade-IV/ ACP etc. will be governed by the provisions of such schemes as existed on 01.10.2000, ie., the date on which BSNL was formed, unless any change is specifically ordered or agreed to by the BSNL Management after issue of this policy. All the concessions given by BSNL to Non- Executives in relation to OTBP/BCR/Grade-IV/ ACP etc. after 01.10.2000 stands withdrawn with immediate effect. However, the cases settled prior to the issue of this order, need not be reopened unless the employee himself opts for this Non-Executive Promotion Policy. 6. General Principles:- xxxxxxxx 6.4 Upgradation in Pay scale availed by a non-executive employee on the basis of existing OTBP/BCR/Grade-IV/ACP scheme etc. or by way of conversion/restructuring/pay scale upgradation etc. after 01/10/2000 and before notification of this new policy will be treated as the first upgradation under the new policy. The concerned employee may, however, opt for first upgradation as per this policy by foregoing the promotion already availed under the erstwhile OTBP/BCR/Grade-IV/ACP schemes etc. or by way of conversion/restructuring/pay scale upgradation etc.” 5. On perusal, respondents 1 and 2 in OP(CAT) No.45/2017 exercised their option to treat the promotion with effect from 25.07.2007 in the case of P.S. Hassan and with effect from 01.08.2007 in the case of Harindranathan. 6. Learned Tribunal, after examining the rival pleadings, in paragraphs 5 and 6 held as under: “5. Thus the applicants could have come under NEPP Scheme had they not exercised the option to remain in the erstwhile OTBP Scheme. However, the applicants had submitted an option on 18.10.2010 to treat their BCR promotions on 25.7.2007 (1ª applicant) and 1.8.2007 (2nd applicant) as their first financial upgradation under NEPP, without realising that the two upgradations on completion of 4 years of service and 7 years of service may have been more beneficial. Having committed the error of judgment in exercising the more beneficial option, the applicants are before us for stepping up their pay with that of their juniors Balachandran Pillai and Madhusoodanan Nair P.R. The applicants draw our attention to para 5 of the implementation order of NEPP dated 23.3.2010 wherein the withdrawal of concession to Non- Executives in relation to OTBP after 1.10.2000 stands withdrawn with immediate effect. The para is reproduced below: 5. The para is reproduced below: 5. Option to continue in erstwhile time bound promotion schemes: 5.1 All the Non-Executive employees will automatically and uniformly be covered by this promotion policy. Existing OTBP/BCR/Grade IV/ACP policy will cease to exist from the date of notification of this Non- Executive Promotion Policy, as a general measure. An individual non-executive employee may, however, opt to remain out of the purview of this scheme to continue in his erstwhile time bound promotion scheme. Such option to remain out of the purview of this policy will have to be exercised within one month from the date the circle authority/SSA Head asks for such option at the time of implementation of the policy with reference to the first review date. If option is not exercised within the stipulated time period, it would be construed as if the concerned Non-Executive has opted for this Non-Executive Promotion Policy and accordingly he/she will be governed by the provisions of the Non- Executive Promotion Policy. The option form is annexed herewith. 5.2 The promotion of such person who opts to continue in his/her erstwhile time bound promotion scheme viz. OTBP/BCR/Grade-IV/ACP governed by the provisions of such schemes as existed on 01.10.2000 ie. the date on which BSNL was formed, unless any change is specifically ordered or agreed to by the BSNL Management after issue of this policy. All the concessions given by BSNL to Non-Executives in relation to OTBP/BCR/Grade-IV/ACP etc. after 1.10.2000 stands withdrawn with immediate effect. However, the cases settled prior to the issue of this order, need not be reopened unless the employee himself opts for this Non-Executive Promotion Policy. (emphasis provided) 6. The para 5.1 clearly states, that if option is not exercised within stipulated time period, it would be construed that official has opted for NEPP and will be governed by the provisions of NEPP. Applicant has exercised the option and hence this provision is not applicable. A second opportunity to exercise option was provided, to opt out of the purview of this scheme, and continue in the erstwhile OTBP Scheme. An option form was also annexed. Applicants did not avail this opportunity also. The applicants had exercised option vide option form dated 18.10.2010 for BCR and therefore, their consideration for NEPP was closed. However, the statement in para 5.2 of respondent O.M that all concessions given by BSNL to Non-Executives in relation to OTBP/BCR/Grade-IV/ACP etc. An option form was also annexed. Applicants did not avail this opportunity also. The applicants had exercised option vide option form dated 18.10.2010 for BCR and therefore, their consideration for NEPP was closed. However, the statement in para 5.2 of respondent O.M that all concessions given by BSNL to Non-Executives in relation to OTBP/BCR/Grade-IV/ACP etc. after 1.10.2000 stands withdrawn with immediate effect, is confusing as the applicants received BCR on 25.7.2007 and 1.8.2007 and hence if it stood withdrawn then the BCR benefits should have been replaced with some other benefit, namely NEPP in the 4th year. Further if the benefit was withdrawn why was an option form for option for BCR annexed as indicated in para 5.1 above. The respondents appear to be confused about above the benefit proposed to be extended to its employees or failed to word their proposal properly. Applicants would like to draw the benefit of the statement in para 5.2 above that all concessions given by BSNL to Non-Executives in relation to OTBP/BCR/Grade IV/ACP etc. after 1.10.2000 stands withdrawn with immediate effect and hence argue that they are eligible for the benefits under NEPP Scheme. As per this statement the BCR benefit given to applicants on 25.7.2007 and 1.8.2007 stood withdrawn despite their exercising an option for BCR. If BCR benefits stood withdrawn applicants become eligible for NEPP financial upgradation on completion of 4 and 11 years. Hence the prayer of the applicants to fix their pay under NEPP Scheme is allowed. However, arrears will be restricted to three years prior to the date of filing of this O.A as laid down by Hon'ble Supreme Court in Union of India & Ors. vs. Tarsem Singh (2008) 2 SCC (L&S) 765). No order as to costs.” 7. Paragraph 5 deals with the extraction of the condition of the time bound scheme, but by minutely looking at the finding rendered in paragraph 6, it is observed that, from nowhere, the Tribunal had found that the benefit of NEPP scheme was closed for the petitioners, which was not in view of the exercise of the option. Similarly, the Tribunal had gone on a hypothesis that the said Scheme was withdrawn, therefore, the applicants had not been able to get the benefits of 4 years and 7 years of service. 8. Similarly, the Tribunal had gone on a hypothesis that the said Scheme was withdrawn, therefore, the applicants had not been able to get the benefits of 4 years and 7 years of service. 8. We are constrained to notice that the aforementioned findings are improbable and incorrect as the options exercised by the applicants, which was clearly admitted in the pleadings, have not been taken into consideration. However, in OP(CAT) 45 of 2017, vide I.A. No.1/2024, produced the options exercised by the applicants and the same are extracted herein below: “I, P.S. Hassan. Designation Tele. Mechanic working in the Office of SDE EXTL, Thodupuzha have gone through the contents of the Non Executive Promotion Policy, circulated vide BSNL CO. letter NO. 27-7/2008-TE-II dated 23/03/2010 and in particular Para 6.4 and have carefully gone through the instant clarifications and hereby 1. Opt for my first financial upgradation as per Non Executive Promotion Policy, by forgoing the promotion/upgradation already availed by me on (date) _______ by virtue of my erstwhile OTBP/BCR/Grade-IV/ACP-promotion schemes etc or by way of conversion/restructuring/pay scale upgradation etc. OR v 2. Opt for treating the promotion granted to me on (date) 25/7/07 under my erstwhile OTBP/BCRv/Grade-IV/ACP promotion Schemes etc. or by way of conversion/restructuring/pay scale- Upgradation etc. as my first financial Upgradation under Non Executive Promotion Policy.” “I, Harindranath. N. Designation Telecom Mechanic working in the Office of SDE (EXTL), Thodupuzha have gone through the contents of the Non Executive Promotion Policy, circulated vide BSNL C.O. letter No. 27-7/2008-TE-II dated 23/03/2010 and in particular Par 6.4 and have carefully gone through the instant clarifications and hereby 1. Opt for my first financial upgradation as per Non Executive Promotion Policy, by forgoing the promotion/upgradation already availed by me on (date) _______ by virtue of my erstwhile OTBP/BCR/Grade-IV/ ACR promotion scheme etc or by way of conversion/restructuring/pay scale upgradation etc. OR 2. Opt for treating the promotion granted to me on (date) 1/8/07 under my erstwhile OTBP/BCRv/Grade- IV/ACP promotion Schemes etc or by way of conversion/restructuring/pay scale Upgradation etc. as my first financial Upgradation under Non Executive Promotion Policy. Tick the chosen option”. 9. OR 2. Opt for treating the promotion granted to me on (date) 1/8/07 under my erstwhile OTBP/BCRv/Grade- IV/ACP promotion Schemes etc or by way of conversion/restructuring/pay scale Upgradation etc. as my first financial Upgradation under Non Executive Promotion Policy. Tick the chosen option”. 9. On perusal of the above, both the respondents/applicants had opted for the NEPP scheme, therefore, they are to be governed by clause 6.4 extracted above, which provided that the upgradation in the pay scale availed by the non-executive employee on the basis of the existing BCR (emphasis supplied for adjudication) after 1/10/2000 and before notification of the policy to be treated as the first upgradation, therefore, such benefit could not have been held to be withdrawn. 10. In other cases, the very same judgment has been incorporated, whereas it should have been dealt with separately by taking note of the facts vis-a-vis the option exercised and considering the date of promotion. 11. In this view of the matter, we thus set aside the judgments of the Tribunal and remit the matters to the Tribunal to decide afresh, all cases separately. O.As are ordered to be restored to the original file. Original Petition stands disposed off.