IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.58 of 2011 5 23.6.2011 Braj Kishore Pathak son of late Janak Pathak, resident of village Dumaria, P.S. Dumariaght, Distt. East Champaran …. Petitioner/ Appellant VERSUS 1. The State of Bihar 2. Chief Engineer, Department of Water Resources, Gandak Project, Motihari, District East Champaran 3. Executive Engineer, Champaran Division, Department of Water Resources, Motihari, Distt. East Champaran 4.Treasury Officer, Motihari, Distt. East Champaran -------- Heard the parties. From the facts available on record, it is evident that the petitioner during his service career got two promotions, one was through a letter dated 25.5.1981 on the post of Accounts Clerk in higher scale and the other was on the basis of letter dated 12.8.1988 by which, for some undisclosed reasons, he was granted time bound promotion with effect 1.4.1981. He has attained the benefits of two promotions and hence, his claim for second time bound promotion has rightly been rejected by the Writ Court. The Writ Court has granted liberty to the petitioner to move the concerned authorities in respect of claim of ACP. - 2 - So far as threat of recovery on the basis of Annexures 6 and 7 to the writ petition is concerned, the stand in the counter affidavit was that the State has not acted upon Annexures 6 and 7 and has not made any recovery. In that view of the matter, the Writ Court has not decided the validity of Annexures 6 and 7. It is clarified that since petitioner is receiving his pension on the basis of pay scale which was found proper by the Writ Court as per an earlier judgment contained in Annexure-5 to the writ petition, no recovery shall be made from him and no alteration shall be made in his pension to his disadvantage. With the aforesaid direction, the appeal is disposed of. sk (Shiva Kirti Singh, J.) (V. Nath, J.)