SUMATHI Vs. PRINCIPAL, KENDRIYA VIDYALAYA

JUDGEMENT

(1.) Petitioners are employed as Group 'D' employees at Kendriya Vidyalaya. According to the petitioners, the duties of Group 'D' employees are to attend to work like sweeping, cleaning and dusting classrooms and also other menial jobs allotted. Petitioners have been doing that type of work without demur. However, by Ext. P-2, petitioners and female employees were required to attend to night duty, which involves primarily the work of watchman. The school compound spreads over an area, of more than 20 acres and there, is no human inhabitation within the immediate vicinity of the school compound. The school building comprises of a three storeyed building and one hall. The person on night duty has to stand guard to the school building during night. This is essentially a man's job. In the circumstances, the petitioners requested the 1st respondent to exempt them from working as watchmen. This request was rejected. The other three female employees belonging to Group 'D' are now attending the night duty pursuant to Ext. P-2 with the help of their husbands and other family members. However, the petitioners have no male members in their family who could accompany them to the school for night duty. The strain of standing guard to the school building adversely affected the health of the petitioners. Therefore the petitioners sought to proceed on medical leave. The attempt of the petitioners to take leave on medical grounds was viewed with extreme displeasure by the 1st respondent. The petitioners therefore seek to set aside Ext. P-2 and consequential and incidental orders and for a direction restraining the 1st respondent from allotting night duty of watchmen to the petitioners.

(2.) A counter affidavit has been filed on behalf of the 1st respondent. It. is submitted that there are about 780 Kendriya Vidyalayas spread over various parts of India and the employees are governed by the 'Education Code for Kendriya Vidyalayas'. These schools are controlled and managed by 'Kendriya Vidyalaya Sangathan'. As per Art.55 of the Rules of the Kendriya Vidyalaya Sangathan, the Deputy Commissioner is the Principal Secretary of the Sangathan and the Sangathan shall sue or be sued in the name of the Deputy Commissioner. Respondents 1 and 2 are only subordinate officials to implement the policy decision rules and guidelines taken or issued 'by the Sangathan from time to time. It is further contended that as per Art.38 under Chapter V of the Education Code for Kendriya Vidyalayas, the following employees belong to Group 'D'.

(3.) Like any other employees Group 'D' staff are also liable to be transferred to any other Kendriya Vidyalaya in any part of the country. The circumstances under which the petitioners were directed to do night duty is explained in Para.5 of the counter affidavit filed by the 1st respondent. The school under the 1st respondent had three male Group 'D' employees and 3 female Group 'D' employees until 26th February 1992. Two male Group 'D' employees were transferred to Kendriya Vidyalaya, Kottayam and two female Group 'D' employees were posted in their place, thereby making the strength of Group 'D' employees in the school under the 1st respondent at five females and one male.