Central Administrative Tribunal Principal Bench, New Delhi OA No.4674/2025 This, the 18th day of March, 2026 Hon’ble Mr. Chhabilendra Roul, Member (A)

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

NARENDER KUMAR SON OF SHRI KARAN SINGH, AGED ABOUT 43 YEARS, GROUP- C, DESIGNATION- CONSTABLE (DRIVER), PIS NO.28120144, BELT NO.6160/SEC., PRESENTLY POSTED AT: MAIN LINE, SECURITY UNIT, DELHI POLICE RESIDENT OF 238-B, VILLAGE-KHERI DAMKAN, GOHANA, DISTRICT - SONIPAT, HARYANA-131301.

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

VERSUS

1. THE COMMISSIONER OF POLICE, Digitally signed by DELHI POLICE, POLICE HEADQUARTERS, RACHNA KAPOOR RACHNA KAPOOR JAI SINGH ROAD, NEW DELHI-ll000l

2. THE DEPUTY COMMISSIONER OF POLICE, OUTER NORTH DISTRICT, DELHI POLICE, PS SAMAYPUR BADLI, DELHI-110002.

... RESPONDENTS (By Advocate : Ms. Uma Prasuna Bachu)

O R D E R (ORAL)

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 2012, 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 Digitally signed by RACHNA KAPOOR RACHNA KAPOOR due to not scoring cutoff marks under the UR Category. However, the batch-mates of the applicant were allowed to join the training on 24.02.2014 (2014 batch).

3. Learned counsel for the applicant submitted that in the year 2014 itself, the written test result for the said post of Constable (Driver) Male was re- evaluated, whereafter the applicant secured position in the merit list on obtaining 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 05.06.2017, the applicant joined the Delhi Police as Constable (Driver) and was directed to join the basic training course for the post of Constable (Driver) (2017 batch).

5. Learned counsel for the applicant further submitted that on 18.03.2020, 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.280, however, his pay was not fixed notionally at par with his batch-mates, Digitally signed by RACHNA KAPOOR RACHNA KAPOOR 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 Harbhajan Meena Vs. Commissioner of Police and Another OA No.2797/2024, seeking the similar relief. The said OA was allowed on 21.11.2025 (Annexure-

A/4) with the following directions :-

“17. It is an admitted fact that the applicant applied for the post of Constable (Driver) in Delhi Police in the year 2012 and the batch-mates of the applicants were allowed to join the said post in the year 2014. Subsequently, after being satisfied, the applicant was allowed to join duties on 07.06.2017. The seniority of the applicant has been fixed as per his merit along with his batch-mates but respondents refused to accord the benefit of notional fixation of pay to the applicant viz-a-viz his batch-mates.

18. Hon’ble High Court of Delhi vide its judgment dated 21.12.2009 passed in WP(C) No.13987/2009 in the matter of Director of Education and Anr. Vs. Smt.

Krishna Kumari has held as under :- “4. Once the respondent had been granted notional seniority from 1984, i.e. she is being treated as being in service from 1984 onwards, the said fiction has to be given its full effect, including for purposes of pay fixation. Therefore, the pay of the respondent ought to have been fixed as if she had joine