Rajasthan High Court Restrains CAT From Taking Coercive Action Against Peon Who Refused To Clean Toilets Claiming It Wasn't Her Duty

The Jaipur bench of the Rajasthan High Court, in an interim order, restrained the Central Administrative Tribunal from taking any coercive action against a woman employed as a peon-multi tasking staff against whom disciplinary proceedings were initiated when she refused to clean ladies toilet claiming that it was not part of her duties. 

Issuing notice on the woman's plea Justice Anoop Kumar Dhand said, "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 however said that the respondent would be at liberty to move an application for "recalling/modification" of the court's order after service. 

The woman, who is a widow, had argued that she was appointed to the post of Peon-Multi Tasking Staff (MTS) on August 26, 2013. Her counsel submitted that as per the duty chart assigned to such Peon (MTS) the respondent is not supposed to direct the petitioner to clean the ladies toilet.

In contravention to the task assigned to such a peon, the order under challenge was passed. It was submitted that when the petitioner refused to clean the ladies toilet, the respondent initiated disciplinary proceedings against her, in violation of her right to life granted under Article 21 of the Constitution of India. 

Case Title: Kaushalya Devi v Central Administrative Tribunal

Click Here To Read/Download The Order