In a recent interim order, the Jaipur bench of the Rajasthan High Court has restrained the Central Administrative Tribunal (CAT) from taking any coercive action against a female peon-multi-tasking staff (MTS) who faced disciplinary proceedings for refusing to clean the ladies' toilet, asserting that such tasks were beyond her designated duties.
Justice Anoop Kumar Dhand, presiding over the matter, issued notices regarding the woman's plea, stating, "Issue notice of the writ petition as well as to the stay application. Rule is made returnable by 12.03.2025...Till next date respondent is restrained to take any coercive action against the petitioner." The court also allowed the respondent the liberty to file an application for "recalling/modification" of the order after service.
The petitioner, a widow, was appointed as a Peon-MTS on August 26, 2013. Her counsel argued that, according to the duty chart for Peon-MTS, cleaning toilets was not among her responsibilities. Despite this, when she declined to clean the ladies' toilet, disciplinary proceedings were initiated against her, which she contended violated her right to life under Article 21 of the Constitution of India.
This case, titled "Kaushalya Devi v. Central Administrative Tribunal," raises important questions about the scope of duties assigned to multi-tasking staff and the rights of employees to refuse tasks not outlined in their official job descriptions.
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