IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10861 of 2009 1. SANT KUMAR UPADHYA, SON OF LATE DHATO UPADHYA, RESIDENT OF VILLAGE AND P.O.- RAJGIR, DISTRICT – NALANDA AT PRESENT WORKING AS KUND SUPERVISOR, RAJGIR LODGING HOUSE COMMITTEE, RAJGIR. 2. KAPIL PASWAN, SON OF LATE NANHAK PASWAN, RESIDENT OF VILLAGE AND P.O.-RAJGIR, DISTRICT NALANDA AT PRESENT WORKING AS KUND SWEEPER, RAJGIR LODGING HOUSE COMMITTEE, RAJGIR. ... ... PETITIONERS. Versus 1. THE STATE OF BIHAR, THROUGH THE COMMISSIONER, PATNA DIVISION, PATNA. 2. COMMISSIONER, PATNA DIVISION, PATNA-CUM- CHAIRMAN, RAJGIR LODGING HOUSE COMMITTEE, RAJGIR, DISTRICT – NALANDA. 3. THE DISTRICT MAGISTRATE, NALANDA-CUM-VICE CHAIRMAN, RAJGIR LODGING HOUSE COMMITTEE, RAJGIR, DISTRICT – NALANDA. 4. THE SUB-DIVISIONAL OFFICER, RAJGIR SUB- DIVISION-CUM-SECRETARY, RAJGIR LODGING HOUSE COMMITTEE, LRAJGIR, DISTRICT- NALANDA. 5. KULDIP NARAYAN, FATHERS NAME NOT KNOWN TO PETITIONERS, THE THEN SUB-DIVISIONAL OFFICER, RAJGIR SUB-DIVISION-CUM-SECRETARY, RAJGIR LODGING HOUSE COMMITTEE, RAJGIR, DISTRICT – NALANDA, PRESENTLY POSTED AS DISTRICT MAGISTRATE, GOPALGANJ. ... ... RESPONDENTS. ----------- 2. 28.8.2009. Heard learned counsel for the petitioners and the State. Petitioners’ claim is that they are still serving the Lodging House Committee, Rajgir as cleaning staff and are responsible for cleaning and maintaining the hygiene inside the sulphur spring and the adjoining Math area contrary to the contents of paragraph-6 of the minutes of the Lodging - 2 - House Committee dated 2.7.2008 (Annexure-9). In this connection, it is pointed out with reference to the recommendation of the Vice Chairman of the Nagar Panchayat that it is the petitioner who are maintaining, hygiene and cleanliness inside the hot sulphur spring and the adjoining Math area and should be paid their wages with effect from August,2008 and to that extent, paragraph-6 of the minutes of the Lodging House Committee dated 2.7.2008 (Annexure-9) is required to be reviewed. Let the Commissioner, Patna Division, Patna, who is the Chairman of the Lodging House Committee, Rajgir consider the recommendation of the Vice Chairman of the Nagar Panchayat Rajgir dated 13.8.2008 (Annexure-11) and review the contents of paragraph-6 of the minutes dated 2.7.2008 as according to the Vice Chairman of the Nagar panchayat itself, it is the petitioners who are serving, cleaning and maintaining the hygiene inside the hot spring and the adjoining Math area and should be paid their wages for cleaning the spring and the - 3 - N.H./ adjoining Math area. In this connection, it is made clear that from the contents of Annexure-11, it is absolutely clear that Nagar Panchayat is maintaining cleanliness and hygiene beyond the spring and the adjoining Math area and not within the spring and the adjoining Math area. Necessary consideration in the light of this order be made by the learned Commissioner as early as possible in any case within one month from the date of receipt/production of a copy of this order. In case, the Commissioner is not inclined to pay the wages to the petitioner, then he shall be obliged to pass a reasoned order considering the contents of Annexure-11 within the same time. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)