JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the order passed by A learned Single Judge of the Uttranchal High Court in Writ Petition No.939 (SB) of 2002 dated 16.4.2003 and the order on the review petition dated 28.8. 2004.

3.Background facts in a nutshell are as follows :

4.Respondents filed a writ petition before the High Court claiming that they should be considered for regularization and should be paid minimum of pay scale. The respondents were engaged as casual labourers in the office of the Controller of the Defence Accounts during the period 1989-95. The nature of the engagement was casual/seasonal depending upon the availability of the work.

5.A scheme called “Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of Government of India, 1993 (in short the ‘Scheme’) was issued by the Government of India, Ministry of Personnel, PG and Pension, Department of Personnel and Training. The Scheme came into force with effect from 1.9.1993.

6.On 6.6.2002, OM No.40011/6/2002/Estt. was issued by the Government of India reiterating that the scheme relating to temporary status was not on-going scheme and the temporary status can be co