IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15941 of 2007 ASHOK KUMAR JAMAIYAR Versus THE STATE OF BIHAR & ORS ----------- 3. 28.08.2008 Heard learned counsel for the petitioner, for the State and for Respondent no. 4. When the State should have been discharging its administrative duties by making substantive appointments, what is being resorted to is ad hocism by appointment in incharge capacity even while substantive vacancy exists. The battle for supremacy for holding the post in-charge continues unabated fueled by the State itself. Learned counsels for the petitioner and private Respondent no. 4 fairly submit that a tentative gradation list of persons eligible to be promoted from the post of Clerk to Head Clerk has been prepared and objections have been invited in 1996. Only finalization of the same remains. The Court is also informed that subsequent to the institution of the writ application both the petitioner and the private Respondent no. 4 have respectively been transferred from their respective postings as Incharge Head Clerk in the office of Superintendent, Sadar Hospital, Khagaria and the office of the Civil Surgeon-cum-Chief Medical Officer, Khagaria respectively. The only appropriate order to be passed now is to dispose off the writ application with a direction to the Respondents to publish the final gradation list and to make a regular substantive appointment in accordance with seniority on the post of Head Clerk in the offices - 2 - as noticed above within one week from the date of receipt and/or production of a copy of this order. Any incharge arrangement made on the post of Head Clerk at the aforesaid two places shall automatically cease to operate on the expiry of one month with all its consequences in absence of Head Clerk attributable to the Respondents alone. The writ application stands disposed. AKS/ (Navin Sinha, J.)