IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1296 of 2010 LAL CHAND SINGH Versus THE STATE OF BIHAR & ORS ----------- 2. 26.7.2010 Heard learned counsel for the petitioner and the State. The relief sought is for grant of difference of salary between that of a Clerk and Head Clerk. It is the contention of the petitioner that he has been discharging the duties of a Head Clerk, since 1992 designated as an incharge Head Clerk, while he held the substantive post of Clerk till his retirement on 31.10.2008. Learned counsel submits that if that was occasioned on account of delay in any final order by the authorities absorbing the services of the petitioner in the Provident Fund directorate in view of his earlier services in the Irrigation and Water Resource Department, he cannot be faulted with. Learned counsel relies on a Division Bench order of this court in 2008(3) PLJR 144 in support of his submission, distinguishing the case like that of the petitioner from the applicability of Rule 103 of the Bihar Service Code dealing with officiating allowances for temporarily discharging duties of higher post while holding a substantively lower post. It is submitted that Rule 103 visualises a stop-gap arrangement and has no 2 application to a situation where the arrangement has continued for several years till superannuation. The petitioner was appointed as Incharge Head Clerk as he fulfilled the requirements for the post. Learned counsel for the State has no objection to the disposal of this application in terms of the judgment of the Division Bench referred to above. The application stands disposed in the aforesaid terms. Let the legitimate dues of the petitioner, after adjusting any payment made to him, on the post of Head Clerk be made within a period of three months from the date of receipt/production of a copy of this order. Needless to state that the respondents are now required to revise his last pay drawn and consequential pensionary and retrial benefits also, all of which must be paid to him within the said period. The application stands disposed. P. Kumar (Navin Sinha, J.)