IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11823 of 2009 Raj Kumar Lal Versus The State Of Bihar & Ors ---------------------------------- For the Petitioner : Mr. Bhubneshwar Prasad, Advocate For the State : Mr. Sunil Kumar Mandal, SC 24 Mr. Bipin Kumar, AC to SC 24 For the Accountant General: Mr. L.P.K.Rajgrihar, Standing Counsel ----------- 4. 18.08.2011 Heard learned Counsel for the petitioner, the State and the Accountant General, Bihar. The petitioner is stated to have superannuated from service on 31.1.1998. He desires his period of service from 29.6.1961 to 30.9.1966 to be also reckoned as pensionable service by taking the same into account. The respondents in their counter affidavit state at Para 9 that the petitioner was not in service from 19.3.1966 to 18.5.1970 in any capacity. There was a break in service. Therefore the period from 19.5.1970 to 31.9.1998 only has been taken into consideration for fixation of pension and other retiral dues. The period from 29.6.1961 to 30.9.1966 as officiating Sub Overseer was not an appointment in accordance with law and therefore cannot be taken into consideration. Learned Counsel for the petitioner fairly acknowledges that the petitioner has been receiving pension after his superannuation on basis of his period of service considered from 19.5.1970 till he has filed this writ application in the year 2009. The petitioner cannot be permitted to blow hot and cold. If he accepted his status as a retired employee, with his services being computed from 19.5.1970 and has been drawing pension in that 2 capacity for long years he cannot accept benefits of the order and challenge it simultaneously. Whether it be delay or laches or it be the aspect of blowing hot and cold there is no merit in this application. It is accordingly dismissed. Snkumar/- (Navin Sinha,J.)