IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 13 of 2010 Sunder Singh Negi ….Petitioner. Versus State of Uttarakhand and others …Respondents. Sri Subhash Upadhyay, Advocate present for the petitioner. Sri N.P. Sah, Standing Counsel present for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Sri Subhash Upadhyay, Advocate present for the petitioner as well as Sri N.P. Sah, Standing Counsel present for the State of Uttarakhand. The petitioner was appointed as a class IV employee, namely, peon in “Rajkiya Kanya Uchhatar Madhyamik Vidhyalaya”, Purda, District Bageshwar. The petitioner is aggrieved inasmuch as though the petitioner is a peon the work which is being taken from him is also of a “chaukidar” which involves night duties. Since this was not one of the service conditions of the petitioner, a representation on behalf of the petitioner was moved by the Class-IV union which was disposed of on 7.11.2009 by the Additional Director, School Education, Uttarakhand, Dehradun stating that till an alternative mechanism is made in the concerned school, the petitioner shall be asked to work on rotation basis as “chaukidar” and in case he does not obey the said order, disciplinary proceeding will be initiated against him. It is this order which has been challenged by the petitioner. On the face of it, the order dated 7.11.2009 (annexure no. 4 to the writ petition) is bad. Once it is an admitted case that the petitioner is appointed as a peon, the work of a “chaukidar” cannot be taken from the petitioner against his own wish. This would not only be an unfair practice but would 2 be violative of settled norms. It is expected from a welfare state that they should work in accordance with law and not in violation of law. The order passed by the Additional Director, School Education, Uttarakhand, Dehradun dated 7.11.2009 is an order which reflects total apathy towards the employees of the Education Department and more particularly the ones who are at the lowest stratum of the Department, namely, the class IV employees. The respondents cannot take work of a “chaukidar” from the petitioner as it is violative of the working conditions. Since the petitioner has been appointed as a peon, the work of a “chaukidar” cannot be taken from him particularly against his wish. The order dated 7.11.2009 passed by the Additional Director, School Education, Uttarakhand, Dehradun (annexure no. 4 to the writ petition) is liable to be quashed and is hereby quashed. Writ petition is allowed. No order as to costs. (Sudhanshu Dhulia, J.) 24.5.2011 Avneet