IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.745 of 2009 SIPAHI PANDIT , son of Late Sudama Pandit, Resident of Village- Maghar, P.S. Bhagwanpur,District- Siwan. 2. Raj Nath Prasad Sah son of Late Baidyanath Prasad, Resident of Village- Kumkumpur, P.S. Basantpur, District-Siwan... Petitioners/Appellants Versus 1. THE STATE OF BIHAR 2. Director ( Secondary Education ) Human Resources Department, Government of Bihar, New Secretariat, Patna. 3. The District Education Officer, Siwan 4. The Head Master, S.S. High School Bhagwanpur Hat, P.S. Bhagwanpur, Siwan ............................................................Respondents. ----------- 2 27-7-2009 Heard learned counsel for the appellants and learned counsel for the State. The appellants are peons in a High School in the district of Siwan. On account of necessity to prevent theft of computers recently installed in High Schools, a policy decision appears to have been taken at the level of Director of the Department that in such schools where two or more peons are available, they may be asked to perform the duty of night guard by rotation and in other schools where this arrangement cannot be possible, local night guards may be engaged on a consolidated amount of Rs.15,00/- per month. The appellants raised a grievance before the writ court that as they are holding the posts of peons they should not be compelled to do the duty of night guard and such duty is having adverse effect on working condition. The writ petition has been summarily dismissed. Like any prudent person the State is also authorized to take policy decision which may at times affect the working conditions of Government Servants. A Government Servant, in case of need is available for duty for the entire 24 hours in a day. Of course, it is - 2 - Naresh expected that the Government while formulating its policy will keep practical difficulties of the employees in mind and will not put them to such service condition which may be totally un-bearable. In the present situation we are of the view that interim arrangement has been made by the concerned officials in the best interest of Government property and if the employees like the appellants are facing too much trouble and inconvenience, they can file representation in the matter. In that event, we are confident that the concerned authorities will consider the genuine grievance of the employees like the appellants in accordance with law. There is another grievance raised on behalf of the appellants that to exert pressure on them the authorities have not paid their salary to them since January, 2009. If the appellants have been performing their duties, there can be no justification for not paying their salary. Hence, the concerned authorities are directed to ensure that dues of salary of the appellants, if outstanding, should be paid to them without any delay if they have been present on duty in the aforesaid period. With the aforesaid direction/ observations the appeal is disposed of. ( Shiva Kirti Singh,ACJ) ( Anjana Prakash, J) - 3 -