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9. Thereafter, pursuant to Resolution passed by the DLB in its 365th Meeting held on 28.11.2011, wherein conversion of post of Hindi Officer to Assistant Director and upgradation of pay scale was approved, an Office Order was issued by DPL on 30.01.2012, re- designating the post as Assistant Director (OL) and placing the Petitioner in the pay scale of Rs.15600-39100 with Grade Pay Rs.5400/- w.e.f. 01.01.2006.

12. CONTENTIONS RAISED ON BEHALF OF THE PETITIONER:

(A) Impugned orders were passed by DPL without show-

cause notice or opportunity of hearing to the Petitioner, though serious civil consequences such as reversion and reduction in pay scale ensued, entailing recovery of approximately Rs. 10 lakhs from the pension. DPL's action is against the law propounded by the Supreme Court that no recovery can be made from pension of a retired employee. [Ref.: Thomas Daniel v. State of Kerala and Others, 2022 SCC OnLine SC 536 and Rafiq Masih (White Washer) & Ors. (supra)] Respondents are overlooking the Neutral Citation Number: 2023/DHC/001773 crucial fact that the conversion of post and upgradation of pay scale was approved by a Board Resolution passed by DLB and was with the approval of the Ministry of Culture, the Nodal Ministry;

17. Before embarking on the journey to examine the rival contentions, it is relevant to understand the scope of judicial interference in issues relating to pay fixation and upgradation/ conversion of posts. It is trite and hardly needs a reiteration that revision of pay scales, post fixation, post creation or upgradation, equation of posts and determination of pay structures are matters within the domain of the Executive and expert Bodies such as the Pay Commissions and being complex matters are best left to them. It is beyond the scope and ambit of the Courts, exercising power of judicial review to sit in appeal over the wisdom of the experts in the field or substitute their views for those of the experts or the Executive. Having said that, pertinent it is to mention that it is equally well settled that 'equal pay for equal work' is not an abstract doctrine and is capable of being enforced in a Court of law examined on the anvil that 'equal pay must be for equal work of equal value', as recently observed by the Supreme Court in a judgment, which I shall advert to shortly.

25. In the present case, DLB in its 365th Meeting held on 28.11.2011 resolved and approved the conversion of post of Hindi Officer to Assistant Director in PB-3 with Grade Pay of Rs.5400/-. Relevant part of the Minutes is as under:-

"Item 5: Conversion of the post Hindi (Officer) to Assistant Director (OL) in the pay scale of Rs. 15600-39100 (PB) + 5400 G.P. The conversion of the post of Hindi Officer to Asstt. Director in the pay scale of Rs. 15600-39100 (PB-3) + 5400 G.P. which is as per the procedures and/or rules laid down was approved."