JUDGMENT 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. 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'. "Peon Sweeper Chowkidar Farash Waterman Mali" They are bound to do all or any such duties applicable to the above posts depending upon necessity in the interest of the school and the Sangathan. 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. 4. In the circumstances, the 1st respondent was compelled to employ the female members in Group 'D' also for doing night duty. The nature of the night duty is only to be in the vidyalaya office near the telephone, turn on the lights and alert or inform the Principal over telephone in any eventuality or need. An employee on night duty is not expected to be a night guard to catch thieves, miscreants etc., and any allegations to the contrary are absolutely incorrect. According to the 1st respondent, he informed the petitioners - that if they are afraid or reluctant to do the night duty, they could submit applications for transfer to other Vidyalayas, where they might not be required to do night duty. However, petitioners did not make any application for transfer. 5. This court passed an interim order in C.M.P. 13011/92 directing the 1st respondent not to require the petitioners to function as night duty watchmen, pending disposal of the Original Petition. 6. It is clear from the averments in the counter affidavit that the female employees were directed to do night duty because of insufficiency of male employees belonging to Group 'D' in the school. 6. It is clear from the averments in the counter affidavit that the female employees were directed to do night duty because of insufficiency of male employees belonging to Group 'D' in the school. The circumstances under which the male employees who were working in the school got transferred to other institutions and female employees were transferred to the 1st respondent school in their place are not explained. The respondents have not denied the fact that the school compound comprises of 20 acres and a huge building and that there are no human inhabitation, anywhere near the school compound. In the absence of any proper watch and ward, compelling the female employees to be present throughout the night in the isolated school premises exposes the female employees to physical and moral danger. The mental strain could wreck their health. It is nothing short of cruelty to compel the female employees to do such duty. A glance at the history of the labour legislation reveals that investigations of the International Association for Labour Legislation carried out in the early years of this century showed that serious physical and moral dangers surrounded the work of women at night. This resulted in the international convention allowing to all industrial women workers atleast eleven consecutive hours of rest at night, seven of which must fall between 10 p.m. and 5 a.m. We have a specific provision in the Factories Act preventing the employment of women during the period between 7 p.m. and 6 a.m. except under very special specified circumstances. The principle embodied therein is applicable in the present case also. It is the duty of any civilised society to see that the females are treated with dignity and given due respect. The special provisions safeguarding the welfare of the females under various statutory enactments reveal the benevolent legislative intent in this regard. Therefore, I have no hesitation in finding that in the fact and circumstances of the case there is no justification whatsoever for compelling the petitioners to do the night watchman duty in an isolated school building. 7. In the circumstances explained in the counter affidavit probably the problem could be solved by the authorities by transferring sufficient number of male employees to the school. 7. In the circumstances explained in the counter affidavit probably the problem could be solved by the authorities by transferring sufficient number of male employees to the school. In the counter affidavit submitted by the 1st respondent, it is stated that if the petitioners, have any grievance, Art.66 under Chapter VII of the Education Code for Kendriya Vidyalaya provides for submission of representation to the Sangathan through the Principal of the Vidyalaya. It is further mentioned that in such cases the Sangathan gives due considerations with deserving sympathy and on merits. 8. In the circumstances, I direct the petitioners to file a representation to the 3rd additional respondent through the 1st respondent, pointing out their grievances in the matter . within one week from today and in case such a representation is made, the 3rd respondent is directed to take a decision thereon on merits taking into account the observations made ' herein above as early as possible, at any rate within two months from the date of receipt of such representation. The 3rd additional respondent shall review Ext. P-2 as also Exts. P3, P4 and P5 orders, which were passed in consequence of and incidental to Ext. P-2, while disposing of the representation that the petitioners may file, in accordance with law. The Original Petition is disposed of with the above directions.