No: SNEA(I)/CHQ/DIR(HR)/2012-13/07 Dated 27.07.2012.

To

Shri A. N. Rai,

DIR(HR)

Sub:- Request to immediately get all court cases related to recent declaration of results of LDCE in various Tribunals transferred to Principal Bench /CAT New Delhi for expeditious disposal.

Sir,

After two years of protracted litigations at various courts, finally LDCE for the vacancy years 2006-07 to 2009-10 was held on 04-3-2012 and the final result was declared on 04.7.2012. The erratic and irresponsible manner in which the anomalous question papers werefinalized resulted in numerous discrepancies in all sets of question papers. It is unfortunate that, even after switching over to OMR based examination to ensure complete transparency and eliminate discrepancies and subjective evaluation, other unwarranted issues have arisen due to sheer irresponsible attitude of those who were involved in finalization of question papers and subsequent lack of monitoring .

The discrepancies were glaring and spread over to such an extent that it took more than three months time to finalise the answer key. Numbers of questions in all the sets of question papers were ambiguous and erroneous, especially in Paper I, in which about 28 questions out of 100 were disputed. Finally, the answer key was finalised by giving grace marks in all the sets of question papers, 9 marks in General Paper I, 12 marks in Special Paper “C DoT” etc. This casual and highly irresponsible approach in finalization of question paper requires very serious investigation, fixing of responsibility and suitable remedial action. Career of thousands of those having passed this examination and desperately waiting for promotion to TES Gr B and those eligible to appear in the next examination is jeopardized because of utterly irresponsible approach of those involved in setting up of question papers.

Now the final answer key and the result has been challenged by some individuals at various Tribunals at Guwahati, Chandigargh, Hyderabad, Ernakulam etc. Hon CAT, Guwahati has already restrained BSNL from issuing promotion orders till the next hearing on 7th August, 2012. There is every possibility that different Tribunal may take different view on the same issue which may inordinately and unnecessarily delay the issuing of promotion orders.

To ensure that ends of justice are expeditiously met and deserving candidates having passed the examination are promoted without much delay, it will be appropriate to move an application in Principal Bench CAT ND seeking immediate transfer of all the cases related to recent declaration of results of LDCE in various Tribunals to Principal Bench CAT ND. Such action in the past on number of issues where cases were filed in various Courts throughout the Country bore very positive and quick result. Even in the case of holding of the latest LDCE, such a course of action was adopted and it facilitated expeditious holding of examination. Otherwise, the whole issue of declaration of results and issuing of promotion orders will virtually be left in cold storage, adversely affecting the career of 2500 JTOs.

Your kind and immediate personal intervention is thus solicited to direct the concerned officers to move as quickly as possible to get the cases transferred to Principal Bench CAT New Delhi. Such a course of action alone will break the stalemate and thus facilitate issuing of promotion orders for those having passed this LDCE and also holding of next LDCE. We believe that the issue will be accorded the priority that it deserves for obvious reasons.

Yours Sincerely

(K. Sebastin)

Copy to: GM (Rect), BSNLCO for information and n/a please.