Central Administrative Tribunal Principal Bench, New Delhi Order reserved on : 18.11.2025 Order pronounced on: 12.12.2025 Hon’ble Mr. Chhabilendra Roul, Member (A)

Hon’ble Mr. Rajveer Singh Verma, Member (J)

RAJENDERA SINGH, SON OF SHRI RAMA NAND AGED ABOUT 44 YEARS, GROUP-C, DESIGNATION-HEAD CONSTABLE (DRIVER), PIS NO. 28120157, BELT NO.772/SD, PRESENTLY POSTED AT:

PS FATEHPUR BERI, SOUTH DISTRICT, DELHI RESIDENT OF HOUSE No.819/30, STREET 8/2, PATEL NAGAR, BAHADURGARH, JHAJJAR, HARYANA-124507.

...Applicant (By Advocate : Shri Bajrang Vats)

VERSUS

1. THE COMMISSIONER OF POLICE, DELHI POLICE, POLICE HEADQUARTERS, JAI SINGH ROAD, NEW DELHI-110001.

2. THE DEPUTY COMMISSIONER OF POLICE, SOUTH DISTRICT, HAUZ KHAS, NEW DELHI.

...Respondents (By Advocate : Dr. Ch. Shamsuddin Khan)

O R D E R

By Hon’ble Mr. Rajveer Singh Verma, Member (J) :-

The factual matrix of the case as enumerated by the learned counsel for the applicant is that pursuant to an Advertisement inviting applications for recruitment of temporary Constable (Driver) Male in the year 2009, the applicant being eligible, applied for the same. He was subjected to various stages of selection process i.e. Physical Endurance and Measurement Test (PET) and written test. He appeared under the UR Category.

2. Pursuant to the selection process, the final result was declared, wherein the applicant was not selected due to not scoring cutoff marks under the UR category i.e. 75 marks. However, the batch-mates of the applicant were allowed to join the training on

01.05.2010 (2010 batch)

3. Learned counsel for the applicant submitted that in the year 2011, the written test result for the said post of Constable (Driver) Male was re-evaluated,

RACHNA KAPOOR RACHNA KAPOOR whereafter the applicant secured position in the merit

list after revised cutoff marks under the UR Category.

The applicant qualified Trade Test and was declared

medically fit. Pursuant to document verification, the applicant was finally issued appointment letter.

4. On 02.01.2012, the applicant joined the Delhi Police as Constable (Driver) and was directed to join the basic training course for the post of Constable (Driver) (2012 batch).

5. Learned counsel for the applicant further submitted that on 12.01.2018, the respondents fixed the inter-se-seniority of the applicant along with his batch-mates, wherein the name of the applicant was correctly figured at Sl. No.334, however, his pay was not fixed notionally at par with his batch-mates, resulting in applicant getting lesser pay than his juniors/batch mates. He further submitted that similarly situated persons approached the Tribunal in different OAs including the one preferred by Shri Vikas S/o Shri Rohtash in OA No.3318/2018, seeking the similar relief. The said OA was allowed on 15.04.2023 (Annexure-A/6) with the following directions :-

Digitally signed by “9. The facts of the case are not disputed. The RACHNA KAPOOR RACHNA KAPOOR Date: 2025.12.19 applicant was selected to the post of Constable

(Driver), on his own merit, after going through the

open competitive process, pursuant to the

recruitment notice of the year 2009. The only

reason he got actual appointment 3 years later

during the year 2012 is that the verification of his documents could not take place within time. He agitated his grievances in an earlier round of litigation and he was successful in the same. Once he got appointed as Driver (Constable) there is no other assumption except to hold that this appointment should actually have taken place in the year 2009 or with respect to other candidates of the selection of the year 2009 and hence, the loss of three years cannot be a reason for the applicant to suffer a continuous loss during his service career.

10. Moreover, once the respondents have assigned him seniority along with his batchmates, it means that they have accepted the fact that the applicant deserves treatment at par with his batchmates.

11. We are not able to accept a position wherein essentially the benefits such as