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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH
SONGKHUPCHUNG SERTO, J.
Smit. Imtisangla, Wife of Late T. Imlimeren Ao - Petitioners
Versus
The State of Nagaland - Respondents
W.P (C) No.03 (K) of 2016
Decided on : 23-02-2017
Regularization - Pensionary Benefits - Central Civil Services (Pension) Rules 1972 - [Writ Petition under Article 226 of the Constitution of India] - Rule 2, Rule 3, Government of India's Order - [Summary of Acts and Sections: The court discussed the Central Civil Services (Pension) Rules 1972, particularly Rule 2 and Rule 3, and the Government of India's Order regarding pensionary benefits for temporary government servants. The interpretation of these rules and orders influenced the court's decision to direct the respondents to regularize the service of the petitioner's husband for the purpose of giving pensionary benefits including family pension to his wife and children.]
Fact of the Case:
The petitioner, a widow, filed a writ petition seeking regularization of her late husband's service for pensionary benefits and family pension. Her husband, a work-charged Mohourrer in the Directorate of Sericulture, Government of Nagaland, died while in service. The petitioner's representation for regularization was not considered, and the Director of Sericulture informed her that her husband was not entitled to be regularized in service or eligible for pension benefits as per CCS Rules.
Finding of the Court:
The court found that the petitioner's husband, though appointed and served as a work charged Mohourrer, was not entitled to pension under the Central Civil Services (Pension) Rules 1972. The court also noted that the Government Office Memorandum provided for regularization of work-charged employees against available regular vacancies, and the failure to create a suitable post for regularization of the petitioner's late husband was unjust. Consequently, the court directed the respondents to regularize the service of the petitioner's husband for the purpose of giving pensionary benefits including family pension to his wife and children. The court also ordered the payment of arrears of family pension starting from 3 years back from the date of filing the writ petition.
Issues: The issues involved the entitlement of the petitioner's late husband to pensionary benefits and family pension, the interpretation of the Central Civil Services (Pension) Rules 1972, and the failure of the Government to create a suitable post for regularization despite the Office Memorandum's provisions.
Ratio Decidendi: The court's decision was influenced by the interpretation of the Central Civil Services (Pension) Rules 1972, particularly Rule 2 and Rule 3, and the Government Office Memorandum, which provided for the regularization of work-charged employees against available regular vacancies. The court emphasized the duty of the Government to fulfill the genuine expectations of its citizens and directed the respondents to regularize the service of the petitioner's husband for the purpose of giving pensionary benefits including family pension to his wife and children.
Final Decision: The court directed the respondents to regularize the service of the petitioner's husband for the purpose of giving pensionary benefits including family pension to his wife and children. Additionally, the court ordered the payment of arrears of family pension starting from 3 years back from the date of filing the writ petition.
Heard Mr. Imti Longchar, learned counsel appearing for the petitioner and also Mr. V. Zhimomi, learned Government Advocate for the State respondents.
2. This is a writ petition under Article 226 of the Constitution of India filed by a widow whose husband died while serving as Work-charged Mohourrer in the Directorate of Sericulture, Government of Nagaland, praying for regularization of the service of her late husband for the purpose of pensionary benefits and family pension including interest at the rate of 12% per annum.
3. The case of the petitioner is that her husband Late T. Imlimeren Ao @ Imlimeren was appointed as work charged Mohourrer in the Directorate of Sericulture, Government of Nagaland vide office order No.SERI/APPT/91-92, dated 20/7/1992 issued by the Director of Sericulture in the scale of pay of Rs.425-9-542-12-614-EB-14-670-15-730/Pm plus inner line compensatory allowance of 25% of the basic pay and all other allowances as admissible under the Rules amended from time to time in the State. Thereafter, the service of her husband was extended by office orders issued from time to time thereafter and continued in service till he died on 19/5/2008. That Mr. T. Imlimeren was given annual increment like any other regular employees and a service book was maintained from the date of his appointment until the time he died on 19/5/2008.
4. That when her husband Late T. Imlimeren Ao died on 19/5/2008 due to cancer he left the following family members including herself:-
| Sl.No | Name | Relation | Date of birth |
| 1. | Imtisangla | Wife | 12-12-1972 |
| 2. | Temsutuba | Son | 05-06-1991 |
| 3. | Tiatoshi | Son | 11-12-1992 |
| 4. | Yashitsungba | Son | 21-07-1995 |
| 5. | Sentienla | Daughter | 27-06-1996 |
5. After the death of her husband, a death certificate dated 7/6/2010 was issued by the Government of Nagaland, Department of Economic & Statistics under section 12/17 of the Registration of Births and Deaths Act, 1969 and Rule 8 of the Nagaland Registration of Births and Deaths (Amendment) Rules 1999 Act. The District Judge Mokokchung Nagaland also issued a Succession Certificate dated 6/9/2010 in her favour for the purpose of receiving GPF/GIS/Gratuity, Leave encashment and pension.
6. That her husband despite of having served the State for 15 years 9 months and 15 days devotedly was not regularized in service. As such, a representation was submitted by her to the Director, Sericulture, Government of Nagaland to regularize the service of her Late husband so that she can avail family pension and other pensionary benefits. But the same was not considered by the Director, Sericulture. Therefore, the petitioner through her learned counsel served a legal notice dated 24/9/2015 to the Director of Sericulture asking him to regularize the service of her Late husband from the date of his initial appointment for the purpose of family pension and other pensionary benefits. Thereafter, through a letter No.SERI/PF/96/92/398, dated 19/10/2015 the Director, Sericulture informed the petitioner that her husband was not entitled to be regularize in service and also not eligible for pension benefits as per CCS Rules. The relevant portion of the letter as given in the petition is given below:-
“I am to state that Late Imlimeren was appointed as Work charge Mohorer w.e.f. 1-8-92 continued upto 31-3-2000 extended for a period of 6(six) months from time to time enclosed annexure 1 to 15, but from 2000 onwards the service of Late Imlimeren was extended w.e.f. 1-4-2000 to 30-3-2001 with 1(one) day break each year i.e 31-3-2001 which continues till 30-3-2003 enclosed Annexure 16 to 17. Further he was appointed w.e.f. 14-4-2002 with a gap of 14(fourteen) days enclosed annexure 18 and extension continued in the same manner with 1(one) day break
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