S. Serto, J.

1. Heard Mr. Imti Longchar, learned counsel appearing for petitioner and also Mr. V. Zhimomi, learned Government Advocate for State respondents.

2. This is a writ petition under Article 226 of Constitution of India filed by a widow whose husband died while serving as Work charged Mohourer in Directorate of Sericulture, Government of Nagaland, praying for regularization of service of her late husband for purpose of pensionary benefits and family pension including interest at rate of 12% per annum.

3. Case of petitioner is that her husband Late T. Imlimeren Ao @ Imlimeren was appointed as work charged Mohourer in Directorate of Sericulture, Government of Nagaland vide office order No. SERI/APPT/91-92, dated 20/7/1992 issued by Director of Sericulture in scale of pay of Rs.425-9-542-12-614-EB-14-670-15-730/Pm plus inner line compensatory allowance of 25% of basic pay and all other allowances as admissible under Rules amended from time to time in State. Thereafter, service of her husband was extended by office orders issued from time to time thereafter and continued in service till he died on 19.5.08. That Mr. T. Imlimeren was given annual increment like any other regular employees and a service book was maintained from date of his appointment until 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 following family members including herself:-

S No.	Name	Relation	Date of birth
1	Imtisangla	Wife	12/12/72
2	Temsutuba	Son	05/06/91
3	Tiatoshi	Son	11/12/92
4	Yashitsungba	Son	21.07.1995
5	Sentienla	Daughter	27.06.1996

5. After death of her husband, a death certificate dated 7.6.2010 was issued by Government of Nagaland, Department of Economic & Statastics under section 12/17 of Registration of Births and Deaths Act, 1969 and Rule 8 of Nagaland Registration of Births and Deaths (Amendment) Rules 1999 Act. District Judge Mokokchung Nagaland also issued a Succession Certificate dated 6.9.2010 in her favour for purpose of receiving GPF/GIS/Gratuity, Leave encashment and pension.

6. That her husband despite of having served State for 15 years 9 months and 15 days devotedly was not regularized in service. As such, a representation was submitted by her to Director, Sericulture, Government of Nagaland to regularize service of her Late husband so that she can avail family pension and other pensionary benefits. But same was not considered by Director, Sericulture. Therefore, petitioner through her learned counsel served a legal notice dated 24.9.2015 to Director of Sericulture asking him to regularize service of her Late husband from date of his initial appointment for purpose of family pension and other pensionary benefits. Thereafter, through a letter No.SERI/PF/96/92/398, dated 19.10.2015 Director, Sericulture informed petitioner that her husband was not entitled to be regularize in service and also not eligible for pension benefits as per CCS Rules. relevant portion of letter as given in petition is given below :-

"I am to state that Late Imlimeren was appointed as Work charge Mohorer wef 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 service of Late Imlimeren was extended wef 1.4.2000 to 30.3.2001 with l(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 wef 14.4.2002 with a gap of 14 (fourteen) days enclosed annexure 18 and extension continued in same manner with 1 (one) day break upto 30.3.2008. Further as per record available in department service of Late Imlimeren was not extended beyond 30.3.2008.

Moreover as per CCS pension Rules as applicable in Nagaland services Late Imlimeren does not entitled for pension."

7. learned counsel for petitioner subm