IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11192 of 2005 Ajay Kumar Singh Son of Late Iswar Singh, Resident of village- Nadaura, P.S. Kurtha, P.O. kurtha, District- Arwal. ..Petitioner Versus 1. The State Of Bihar. 2. The Commissioner-Cum-Secretary, Water Resources Department, Govt. of Bihar, Patna. 3. The Chief Engineer, Irrigation Department, Govt. of Bihar, Patna. 4. Superintending Engineer, Samagrah Yojana and Investigation Circle, Gaya. 5. Executive Engineer, Irrigation Rural Development Special Devision, No.2 Gaya. 6. The State of Jharkhand, through its Chief Secretary, Ranchi. ..Respondents. ----------- 5 14.10.2011 Heard learned counsel for the petitioner and counsel for the State. Petitioner was initially appointed on the post of Clerk in Irrigation Department in the district of Hazaribagh. Later on petitioner was made a Correspondence Clerk and he joined the said post on 11.05.1970 and he was also confirmed on 28.11.1981. He was made in-charge as a Head Clerk on 19.09.1987 at Giridih. In view of the vacancy position existing in the said division petitioner was thereafter transferred from Giridih to Gaya in place of Bipul Ram, the Head Clerk who retired on 01.02.1994. Since then the petitioner has been working on officiating basis but no substantive promotion or any benefit is given despite passage of long period since the petitioner is being asked to shoulder higher responsibility. Under rules he is entitled to appropriate compensation for shouldering higher responsibility over and above his responsibility. The employee cannot be expected to work in that capacity 2 indefinitely. If the petitioner is working in that capacity since 1994, it is also the duty of the respondents to make regular arrangement either by appointing the petitioner on a substantive basis, if he fulfils the eligibility and the requirements or fill up the past by promotion by considering the case of all eligible persons but the present arrangement cannot continue for indefinite period. The writ application is, therefore, disposed of with a direction upon the Executive Engineer, Irrigation Rural Development Special Division, No.2 Gaya ( respondent no.5) that he shall take steps to ensure that petitioner is compensated by way of payment of extra emoluments for shouldering higher responsibility of the post of Head Clerk, even though in officiating basis from the year 1994. They should also take steps either to fill up the post on the regular basis by appointing such a person who fulfills the eligibility, including the case of the petitioner, if the need be. All this exercise must be carried out within the period of four months from the date of production of a copy of this order. Md. Ibrarul (Ajay Kumar Tripathi, J.)