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39. The other witness Kinikar was also incharge of the work as a Divisional Officer. He has stated that Ex. 56 Field Book has been signed by the contractor from time to time. He has also testified to the issue of letters Exhs. 70 and 71 and also to the fact that they were communicated to the contractor. He has stated that he neither asked the contractor to do the extra work nor he assured the contractor that he would be paid for the extra work at extra rates. This was obvious because this was naturally not the function of the Executive Engineer or for that purpose the Deputy Engineer or the Junior Engineer. The payment of rates has been the work of Senior Officer, possibly the Chief Engineer, who as per terms of tender is the final authority to decide the disputes regarding the rates, the nature of work etc. Kinikar has emphatically stated that there was no change whatsoever in the design of the work. The basic design of the bridge remained the same. All that was necessary was to have a little more excavation as soft strata was found at early stages of the excavation. He has stated that the contractor was persuaded to do extra work, but it never implied that he was entitled to such rates as have been put in Exhs. 25 to 28. He has also stated that the contractor was never under compulsion to carry out the extra work. He could have left the extra item. The contractor carried out the work in spite of the correspondence by the Department about the proposed approval of the enhanced rates for the extra work done by the contractor. The evidence of these witnesses clearly shows that they had directed the contractor to carry out the extra work. They had all the sympathies for the contractor for the extra work done by him, but nowhere, we find that extra rates were either expressly or impliedly approved by the Deputy Engineer, Junior Engineer or the Executive Engineer. On the other hand, the correspondence which is to be found with the Department is that they had stoutly denied the approval of extra rates. They had put up the matters for confirmation of the rates, but it seems and it is evident from the record that no approval was given by the Department for the rates claimed by the contractor.