Facts
The applicants were recruited as Head Constables (AWO/TPO) pursuant to the 2013 Delhi Police examination.
Source reference: pp. 5–7They could not join the first training batch, which joined on 4 July 2016, and joined service later, in 2017–2018, allegedly due to administrative delay.
Source reference: pp. 5–7The respondents subsequently placed them in the inter-se seniority list with their examination batchmates from 4 July 2016, but declined to grant notional pay fixation, increments, MACP and related benefits for the intervening period.
Source reference: pp. 5–7After their representations were rejected, the applicants filed this OA seeking, among other reliefs, notional appointment from 4 July 2016 and consequential service benefits.
Source reference: pp. 5–7Issues
1. Whether applicants granted seniority from 4 July 2016 should also receive notional pay fixation and consequential service benefits from that date, despite joining later.
Source reference: pp. 7–82. Whether the applicants were entitled to notional service credit for determining MACP and NPS-related benefits.
Source reference: p. 6Law Applied
The application was brought under Section 19 of the Administrative Tribunals Act, 1985.
Source reference: p. 5The Tribunal relied on the principle stated by the Delhi High Court in Director of Education & Anr. v. Smt. Krishna Kumari, W.P.(C) No. 13987/2009, decided 21 December 2009: where notional seniority is granted from an earlier date, the fiction must be given effect for pay fixation and consequential service benefits, including applicable progression benefits.
Source reference: pp. 8–9It also followed the Tribunal’s decision in Anil Kumar v. Commissioner of Police & Anr., O.A. No. 1329/2025, decided 21 November 2025, which applied that principle to notional pay fixation, MACP and NPS benefits.
Source reference: pp. 8–10Reasoning
The Tribunal found the present case materially identical to Anil Kumar, a comparison the respondents did not dispute.
Source reference: pp. 10–11Since the applicants had been placed in the inter-se seniority list with their batchmates from 4 July 2016, the Tribunal held that the service benefits associated with that notional date should likewise be counted from 4 July 2016.
Source reference: p. 11It therefore applied the reasoning in Anil Kumar and Krishna Kumari to the applicants’ claim for notional service benefits.
Source reference: p. 11Holding
The Tribunal disposed of the OA in terms of its decision in Anil Kumar and directed the respondents to take a decision accordingly.
The order records that the applicants’ notional service benefits are to be counted from 4 July 2016; pending MAs were also disposed of, with no order as to costs.
Source reference: p. 11Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Administrative Tribunals Act, 19851
Original Court PDF
AAYUSH VATSvsCOMMISSIONER OF POLICE
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