IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.691 of 2010 1. Ramchandra Prasad S/O Late Dular Prasad Singh R/O Indrapuri Road No.1,P.S.Pataliputra, Distt-Patna Versus 1. The State Of Bihar , Through The Principal Secretary Cum- Agriculture Production Commissioner Bihar, Patna 2. The Joint Director Agriculture Engineeering Bihar,Patna 3. The Deputy Director Agriculture , Engineering Work Shop Patna ----------- 3. 30.08.2011 Heard learned counsel for the petitioner and the State. The petitioner superannuated in 2004. On 27.12.2002 the respondents cancelled the super time scale granted from 1.1.1996 and directed consequent recovery. In C.W.J.C. 160 of 2003 this Court permitted him to pursue the matter departmentally. The respondents by a fresh order dated 9.12.2009 have affirmed the cancellation order and in lieu thereof have granted him second A.C.P. Learned counsel for the petitioner fairly acknowledges that in pursuance of the same the monetary benefits of the second time bound promotion has been accepted by him. It is however submitted that denial of super time scale was not based on any misrepresentation and that it was not granted contrary to law. The petitioner cannot retain the benefit of the second A.C.P. under the order and yet at the same time 2 challenge that part of the same order by which he is denied the benefit of super time scale. This principle of blowing hot and cold and the impermissibility of approbate and reprobate has been explained in (1992) 4 SCC 683 (R.N. Gosain v. Yashpal Dhir) at Paragraph-10 as follows:- “10. Law does not permit a person to both approbate and reprobate. This principle is based on the doctrine of election which postulates that no party can accept and reject the same instrument and that “a person cannot say at one time that a transaction is valid and thereby obtain some advantage, to which he could only be entitled on the footing that it is valid, and then turn round and say it is void for the purpose of securing some other advantage”. The writ application is dismissed. P. Kumar ( Navin Sinha, J.)