Dr. Indira Shah, J.

1. Heard Mr. Imti Longchar, learned counsel appearing for the petitioner as well as Mr. S. Mere, learned Government Advocate, appearing for the State-respondents. The petitioner, who was a member of Federal Government of Nagaland (FGN, in short) and underground set up surrendered before the Deputy Commissioner, Mokokchung, Nagaland on 05.08.1975 as per Shillong Accord in 1975, the surrendered undergrounds were rehabilitated by giving them service and other incentives. Accordingly, the petitioner was appointed as Work-Charged Khalasi (Jugali) under the establishment of Executive Engineer, Public Health Engineering Department (PHED, in short), Division-I, Mokokchung, Nagaland in the scale of pay of Rs. 190-3-226-4-250/- per month plus all other allowances vide order dated 28.02.1976.

2. The petitioner was promoted to work-charged Fitter, Grade-II vide order dated 19.04.1982 passed by Executive Engineer, (PHED), Mokokchung Division, Nagaland, Kohima. Thereafter, petitioner was again promoted to Mechanic Grade-I (Sic Fitte Grade-I) vide order dated 23.10.1987, passed by the Addl. Chief Engineer (PHED), Nagaland, Kohima. The petitioner's service book was maintained showing his joining w.e.f. 01.03.1976. After, his service of 19 years without any break, he was released on superannuation w.e.f. 01.04.1995. The grievance of the petitioner is that he was not paid any pension and retirement benefits as per the Central Civil Services (Pension) Rules, 1972.

3. By filing this writ petition, the petitioner has sought for direction to the respondent authorities to regularize his service w.e.f. 20.08.1976 to 31.03.1995 with all the service benefits, pay and the pension of the petitioner as per rules along with other allowances per annum till payment of the arrears with exemplary cost of the proceeding.

4. The respondents in their affidavit-in-opposition have averred that the petitioner was released from service as Work-Charged employee and as such, he is not entitle for pension and other retirement benefits at par with those of regular employee. The Work-Charged employees under Nagaland Work-Charged Regularization Act means an employee engaged without sanction post under Work-Charged Establishment The petitioner has claimed pension and retirement benefits after a lapse of about 17 years and therefore, his petition is liable to be dismissed on the principle of delay and laches. According, to respondents, the state has enacted Work-Charged Regularization Act. 2001 and Work-Charged employees are regularized as per the scheme formulated under the provisions of the said Act.

5. Mr. Yangerwati, learned counsel appearing for the Accountant General (respondent No. 8) of Nagaland has submitted that the petitioner has claimed a relief from the State of Nagaland. The Accountant General has no authority to grant the relief sought for by the petitioner and therefore, the name of respondent No. 8 i.e. Accountant General, Government of Nagaland may be deleted. The appointment of a Government Servant whether regular or temporary or their regularization is the domain of the concerned department and the State Government.

6. Mr. Imti Longchar, learned counsel for the petitioner has submitted that the case of the petitioner is well-covered by the judgment by this Court in WPC No. 72 (K) 2012.

7. In the cited case, the husband of the petitioner served the department for about 21 years and during his life time, his service was not regularized. After, his death, the petitioner submitted representation in the year 2008 praying for regularization of service of her Lt. husband and for family pension as well as pensionary benefits etc. This Court relying on the decisions rendered by apex Court. In the case of State of Karnataka & Ors. Vs. Uma Devi & Ors. (2006) 4 SCC 1, and the case of State of Karnataka & Ors. Vs. M.L. Kesari & Ors. passed in Civil Appeal No. 6208 of 2010 reported in (2010) 9 SCC, directed the State respondent to consider the pray