The petitioner's entitlement to regularization and pay protection as a loader operator, based on the Corporation's practice and the petitioner's qualifications and service.

The petitioner joined the services of Corporation of Chennai as a permanent driver by an order dated 30.4.1987. A memorandum was issued by the Zonal Officer on 13. 1994 stating that the petitioner was given a training as front end loader at the Zone-I lorry station and posted on duty without any financial commitments. On 27. 1998, a circular was issued to all the drivers stating that they can participate in the tests so as to enable them to qualify themselves as front end loader operator. The said circular was communicated to the petitioner on 27. 1998. The Corporation conducted a test in November 2000 and the petitioner was qualified and ranked at Sl.No.14. The Assistant Executive Engineer, Corporation of Chennai posted the petitioner as a loader-cum-driver in the morning shift. The order states that it is a temporary posting and the petitioner should not claim seniority. On 3. 2001, the Superintending Engineer passed the following order:-

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2. In effect, the petitioner has been temporarily appointed as loader-operator and that he will draw the salary of a regular driver. Further, the petitioner will not be entitled to claim any seniority in the loader-operator post.

3. The petitioner submits that since the Superintending Engineer has already appointed the petitioner as a loader-operator and having passed the qualifying tests and completed more than 10 years of service, he is entitled to be posted as loader-operator. The respondents have failed to consider the various representations of the petitioner and grant the benefit in spite of the fact that the petitioner has been continuously performing the duty as a loader operator.

.4. In the counter filed by the respondents in paragraph 2, it is stated as follows:-

.“I submit that in Corporation of Chennai Class III Services, there was no Bulldozer/Loader Operator post is in existence. After purchasing of some Bulldozer/Loader vehicle, some of the drivers, who are having valid heavy vehicle licence, and with their consent were asked to operate the Bulldozer/Ladder Operator, with the approval of the government for the existing fleet of equipments."

5. Learned counsel for the respondent on instructions submitted that necessary action will be taken to create posts in the cadre of Bulldozer/ loader-operator. He also stated that the Corporation has sent a proposal with recommendations for creating the posts and the orders of the Government will be obtained. As and when the posts are approved, the eligible persons will be promoted to such posts.

.6. The learned counsel for the petitioner brought to the attention of the Court The (Chennai) City Municipal (Corporation) web site extract wherein, it has been shown that there are 8 Bulldozer for handling garbage. He also referred to the memorandum of the year 1991 issued on 26. 1991 where the Corporation of Madras called for willingness from permanent drivers to work in the post of Bulldozer Drivers/Loader Drivers. Another memorandum of same nature was issued on 10. 1999. He also pointed out similar memorandum issued by the Superintending Engineer of Corporation on different dates viz., on 26. 2000, 5. 2001 and 7. 2001. In all these memorandum, permanent drivers of the Corporation were asked to give their willingness to work as Bulldozer drivers/Loader drivers. The learned counsel for the petitioner also pointed out a chart where the pay scale of Bulldozer drivers/ loader drivers working in the various zone have been indicated. He therefore, pleaded before this Court that on and from the date of appointment of the petitioner as loader operator by the proceedings of the Superintending Engineer dated 3. 2001, his case should be considered for appointment to such post on regular basis with pay benefits.

7. It is contended that the petitioner in this case is entitled to the benefit of higher Pay as applicable to the higher post if it is given to the similarly placed person. The pay protection