IN THE HIGH COURT OF UTTARANCHAL AT NAINTIAL Writ Petition No. 921 of 2006 (S/S) Suresh Kumar & 12 others ………….Petitioners. Versus State and others. ………….Respondents Shri Narayan Singh Negi, learned counsel for the petitioners. Shri N.P. Sah, learned Standing Counsel for the respondents. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2. By means of this writ petition, the petitioners have sought writ in the nature of mandamus commanding the respondents take work the petitioners either of Chaukidar or of Sweeper. A further mandamus has been sought that petitioners be not asked to work for 24 hours in a day except for exceptional circumstances. 3. Learned counsel for the petitioners submitted that petitioners are working in various institutions/officers of Education Department, posted as Sweeper-cm- Chaukidar (Class IV). It is further contended that they are made to work as Sweeper in day time and to work as Chaukidar in night. As such, it is submitted that there are no resting hours for the petitioners. 4. A counter affidavit has been filed on behalf of the respondents. Pars-3 (b) of the counter affidavit reads as under:- “ That it is worth mentioning here that subsequently Sweeper-cum-Chaukidar Sangh raised a demand that only work of one post be taken form them and the said demand was considered by the Department and the Regional Joint Director of Education vide its letter dated 09.02.2004 directed the K.I.O.S of the Districts to take only one work from these Sweeper-cum- Chaukidar and the colleges and the officers are following the said directions.” 5. Annexure R.A. 2 to the rejoinder filed on behalf of the petitioner shows that District Education Officer, Dehradun has already issued directions to the Block Education Officer to take the work from the Sweeper only for 8 hours in a day after the order dated 11.09.2007, is issued by the Directorate of School Education, Uttarakhand (copy annexure -1 to the rejoinder affidavit). 6. In the above circumstances, the respondents have already agreed to accept the prayer made by the petitioners. Therefore, this writ petition is disposed of with the direction that the respondents shall take work from the petitioners either of Chaukidar or of Sweeper and they shall not be asked to work day and night except in exceptional circumstances. (Prafulla C. Pant, J.) Dt. 18.07.2008 Sweeta .