The principle of 'equal pay for equal work' is not an abstract doctrine and can be enforced in a Court of law. However, the equation of posts and determination of pay scales is the primary function of the Executive and not of the Judiciary. Courts should not enter upon the task of job evaluation, which is generally left to expert bodies like the Pay Commissions.

JUDGMENT

Jyoti Singh, J. (Oral)

1. Present writ petition has been filed by the Petitioner seeking the following reliefs:

"(i) Quash and set aside impugned order dated 03.07.2018 (Annexure-P-1) and restore the pay and pay scale and also correctly fix the pension of the petitioner;

(ii) Direct the respondents to pay the sum which they have illegally recovered from the pension of the petitioner;"

2. Factual score to the extent necessary and as averred by the Petitioner is that Petitioner was appointed in Delhi Public Library (DPL) on 06.11.1996, as a Hindi Officer Group 'B' in the pay scale of Rs.2000-3500. Ministry of Human Resources, Department of Culture, vide O.M. dated 11.12.1997, issued Guidelines for revision of pay scales in Autonomous Organizations, Statutory bodies etc. on the basis of 5th Central Pay Commission (CPC) recommendations and approved the extension of revised scales incorporated in Part A of First Schedule to CCS (Revised Pay) Rules, 1997 to employees of DPL w.e.f. 01.01.1997. By an order dated 10.07.1998, Petitioner was placed in the pay scale of Rs.6500-10500.

3. Pursuant to 5th CPC recommendations, Department of Official Language, Ministry of Home Affairs, vide Order dated 27.02.2003, upgraded the pay scale of Assistant Directors working in Central Secretariat Official Language Service (CSOLS) to Rs.7500-12000 from Rs.6500-10500 w.e.f. 11.02.2003. By a subsequent Order dated 02.04.2004, Junior and Senior Translators as well as Assistant Directors in CSOLS were given the said replacement scale w.e.f. 01.01.1996 on notional basis and w.e.f. 11.02.2003 on actual payment basis.

4. Based on this decision in CSOLS, a Junior Hindi Translator working in the office of Employees' Provident Fund Organization (EPFO) filed an Original Application being O.A. No. 505/2008 before the Central Administrative Tribunal (hereinafter referred to as 'The Tribunal'). Reliance was placed by the Applicant on several judgements on pay parity including one of Kolkata Bench of the Tribunal, upheld by the Calcutta High Court, where the Applicant who was working in a Subordinate Office, was held to be similarly placed as he was performing the same duties as Hindi Translators working in CSOLS and was granted the scale of Rs. 5000-9000. Tribunal disposed of the OA on 03.06.2018, directing the concerned Ministry of Labour and Employment to re-examine whether employees of EPFO should be extended the same benefits of upgraded pay scales as given to other departments.

5. Pursuant to 6th CPC recommendations, Ministry of Culture, forwarded the Department of Expenditure, Ministry of Finance O.M dated 30.09.2008 to DPL, regarding pay revision for employees of Autonomous, Quasi-Government Organizations etc. and the Delhi Library Board (DLB) in its 359th meeting held on 11.12.2008, approved grant of revised pay scales w.e.f. 01.01.2006. Petitioner was placed in the revised scale of Rs.9300-34800 (PB-3) with Grade Pay Rs.4600/-.

6. A similar situation arose, when Hindi Translators working in AIIMS, approached the Tribunal seeking parity with Translators in Department of Official Language, on the basis of a proposal sent by the Ministry of Health, the Cadre Controlling Authority, to the Ministry of Finance, recommending upgradation of pay scales. T.A. No. 353/2009 in Mahaveer Tripathi and Others v. All India Institute of Medical Sciences and Others was allowed, vide judgment dated 24.07.2009, directing AIIMS to upgrade the pay scale w.e.f. 01.01.1996. On 23.10.2009, an order was issued by AIIMS, implementing the judgement and upgrading the pay scales of Junior and Senior Translators and Hindi Officer w.e.f. 01.01.1996, notionally and w.e.f. 11.02.2003 with actual benefits. This Court is informed that the same benefit was accorded in the EPFO also, after the direction of the Tribunal to re-examine, as aforementioned.

7. It is averred that vide OM dated 24.11.2008, on the recommendations of 6th CPC, pay scales of Official Language posts in various