Notional seniority mandates notional pay fixation and service benefits from the date of batchmates' appointment.

The applicant, a Head Constable (Driver) in the Delhi Police, participated in the 2009 recruitment process

While his batchmates joined service on 01.05.2010, the applicant’s appointment was delayed, and he joined at a later date

Despite his seniority being fixed according to his merit alongside his batchmates, the respondents refused to grant him notional pay fixation from the date his batchmates joined

The applicant filed this Original Application (O.A.) under Section 19 of the Administrative Tribunal Act, 1985, challenging the respondents' refusal (dated 17.12.2025) to treat his appointment as notional from 01.05.2010 for purposes of pay fixation, MACP, and NPS

1. Whether the applicant is entitled to notional appointment and pay fixation from the date his batchmates joined (01.05.2010) for the purposes of service benefits, excluding back-wages

2. Whether the applicant is entitled to parity with the beneficiaries of similar orders passed in Rishikesh Meena v. Commissioner of Police and Director of Education v. Smt. Krishna Kumari

The Tribunal applied the principles of service law regarding notional seniority and pay fixation under the Administrative Tribunal Act, 1985

It relied on the Delhi High Court precedent in Director of Education and Anr. v. Smt. Krishna Kumari [WP(C) No.13987/2009], which held that once notional seniority is granted, the legal fiction must be given full effect for pay fixation and increments

It further adopted the ratio from its own prior decision in Rishikesh Meena v. Commissioner of Police and Anr. [O.A. No. 4738/2025], which addressed identical circumstances for the same recruitment batch

The Tribunal observed that the applicant belonged to the same recruitment batch as the individual in the Rishikesh Meena case

It noted that the seniority of the applicant had already been fixed as per merit with his batchmates

Applying the Krishna Kumari doctrine, the Tribunal reasoned that if an employee is treated as being in service from an earlier date via notional seniority, that fiction must necessarily extend to pay fixation and benefits like the Assured Career Progression (MACP) Scheme

Since the respondents did not dispute that the facts were identical to the previously allowed O.A. No. 4738/2025, the Tribunal found no reason to deviate from that precedent

It directed the respondents to re-fix the applicant's pay and allowances at par with his batchmates on a strictly notional basis from 01.05.2010. The applicant was held entitled to consequential benefits and arrears, calculated from the date of his actual joining, though no interest was awarded on the arrears. The respondents were ordered to comply with these directions within 90 days