IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10123 of 2010 1. Ram Chandra Jha S/O Late Ras Bihar Jha R/O Mohalla- Lohia Nagar, Ward No. 26, P.S. Town Begusarai, Distt.- Begusarai Versus 1. The State Of Bihar Through The Secretary Water Resource Department, Secretariat, Patna 2. Executive Engineer, Minor Irrigation Division, Begusarai 3. Chief Engineer, Minor Irrigation, Muzaffarpur 4/ 25/10/2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 25.11.2009 informing him that he became eligible for second time bound promotion only on 19.3.1997 but which stood abolished from 1.1.1996. He was finally inducted into regular service on 19.3.1972. Based upon the same he has been granted first time bound promotion after ten years on 19.3.1982 which he accepted without demur. But, insofar as his claim for second time bound promotion is concerned, he desires the earlier period of service prior to 19.3.1972 to be taken into consideration. The Court finds it difficult to grant him the relief. Once he accepted the benefit of first time bound promotion reckoning his eligible service from 1972, he cannot be permitted to blow hot and cold. He cannot simultaneously accept first time bound promotion 2 from a certain date and simultaneously claim that his services for the second time bound promotion should be reckoned from an earlier date. The counter affidavit states that he has already been granted first time bound promotion calculating his service from the date of regularization i.e. 19.3.1972 and that he is not entitled to take into account his period of service prior to regularization. He has been granted two A.C.P’s. apart from first time bound promotion. The Court finds it difficult to grant any relief as prayed. The writ application is dismissed to that extent. KC ( Navin Sinha, J.)