- (1.) HEARD learned counsel appearing for the parties.
(2.) THE Jodhpur Central Co -operative Bank Ltd. has filed this intra -court appeal against the judgment of learned Single Judge dated 12.01.2006, by which, he allowed the writ petition giving directions to the respondents to set right the anomaly, by which, the officers in the bank on their promotion from the post of clerks were drawing lesser pay, and to devise such procedure of calculation or system as may bring the situation wherein the promotee does not get the total carry home package, lesser than that of the carry home package of clerk.
(3.) THE learned Single Judge, after giving these directions to set right the anomaly, further directed that the arrears so becoming payable consequent upon the direction shall be calculated and shall be paid to the members of the petitioner -association within a period of six months and that if the payment is not made within a period of six months, the amount so payable, shall carry interest on prevailing Bank's Commercial Advancement Rates from the date the amount became due till actual payment. The learned Judge further directed that in the event, the payment is not made, the judgment will be executable by the concerned Principal Civil Court of Original Jurisdiction as a decree of a Civil Court and in accordance with the provisions of Order 21 CPC. It is submitted by the learned counsel appearing for the bank that learned Judge did not take into consideration that the wages and allowances were fixed by the different wage settlements arrived at by the Wage Boards. It is not uncommon that on promotion the total take home package may get reduced on account of the dearness allowance payable to different bank employees on the settlements by the Wage Boards. Learned Single Judge stepped into an arena reserves for experts and had without considering the effect of various settlements by the Wage Boards adopted a common sense approach in allowing the writ petition with direction that anomaly should be removed. It is further submitted that the directions to pay the difference of six months failing which interest will be payable and the judgment of the High Court would be executed by Civil Court decree are wholly unsustainable inasmuch as until the amount is determined, the interest is not payable and that a writ of mandamus does not require execution from the Civil Court as a writ, order or direction in nature of mandamus is an execution in itself and that its non -compliance attracts the proceedings under the Contempt of Courts Act, 1971.;