CWP No.22329 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. C.M. No.10092 of 2012 in CWP No.22329 of 2011 Date of decision: 15.7.2013 Baldev Singh and others ...Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Ms. Anu Pal, AAG, Punjab for the applicant/respondent. Mr. C.L. Sharma, Advocate for non-applicant/petitioners. Rajan Gupta, J. (oral) C.M. No.10092 of 2012: This is an application for modification of order dated 01.12.2011 passed by this court. Learned State counsel has relied upon judgment of a Division Bench of this court rendered in Sucha Singh & others Vs. The State of Punjab & another, LPA No.1996 of 2011 and contends that relief be granted to the petitioners in terms of order passed in the said Letters Patent Appeal. Mr. Sharma, learned counsel for the non-applicant/ petitioners does not dispute the ratio of law as laid down in Sucha Singh's case (supra). I have heard learned counsel for the parties and given careful thought to the facts of the case. CWP No.22329 of 2011 2 Petitioners sought a writ of mandamus directing respondent to grant them revised pay scales w.e.f. 1.1.1986 after completion of 8/18 years of service in terms of judgment reported as Tehal Singh vs. State of Punjab, CWP No.16856 of 2009. This court allowed the writ petition on 01.12.2011. However, a Division Bench of this court in Sucha Singh's case supra has held as follows:- “It is also settled proposition of law that where an act or an order perpetrates illegality, it is imprudent to follow the same. We are, thus, of the considered view that the appellants are not entitled to the similar treatment as the petitioners in Prem Singh Gill's case or any other similar case. In view of the above, we modify the judgment of learned Single Judge in respect of the appellants, who are still in service and they shall be entitled to arrears of revised pay preceding three years from the date of filing of the writ petition and those who have retired preceding three years of their retirement. In view of above, this court deems it fit to modify its order dated 01.12.2011. Petitioners shall be entitled to benefits in same terms as in Sucha Singh's case (supra). (RAJAN GUPTA) JUDGE 15.7.2013 'rajpal'