Madras High Court Upholds Strict Rules on Government Servants' Marriages
The Madras High Court has delivered a landmark judgment, firmly stating that a government servant cannot legally enter into a second marriage while their first spouse is alive. In a significant ruling, the court emphasized that such a marriage remains invalid and does not confer any legal rights, even after the death of the first spouse.
Bench Overturns Single Judge's Decision on Pension Benefits
A division bench comprising Justice S M Subramaniam and Justice C Kumarappan set aside an earlier order by a single judge. That order had allowed the second wife of a government servant to claim family pension benefits, arguing that the first wife was deceased. The bench clarified that this approach was flawed and failed to consider the core legal principles involved.
The bench explicitly highlighted: "The Tamil Nadu Government Servants Conduct Rules strictly prohibit contracting a second marriage by a government employee during the lifetime of the first spouse. Engaging in such a marriage constitutes misconduct, warranting departmental proceedings, and is classified as grave misconduct under these rules."
Key Legal Principles and Pension Rules Explained
The bench further elaborated that the single judge did not adequately account for the relevant provisions under the Tamil Nadu Pension Rules. These rules are crucial for determining eligibility for pension and family pension, which are considered welfare schemes granted strictly in accordance with statutory provisions.
In this specific case, the facts were undisputed: the government servant, M Radhakrishnan, had contracted a second marriage while his first wife was still alive. Consequently, the second marriage was declared null and void from its inception. Despite this, Radhakrishnan had applied to include both wives' names in the pension payment order, a request that was rejected by the Accountant General of Tamil Nadu.
Case Background and Court Proceedings
Following the rejection, Radhakrishnan approached the High Court. The single judge initially allowed his petition, permitting the nomination of his second wife for family pension on the grounds that the first wife had passed away. However, the Accountant General appealed this decision, leading to the division bench's review.
After thorough consideration, the bench allowed the appeal and set aside the single judge's order dated November 2, 2021. This ruling reinforces the strict adherence to conduct rules for government employees and underscores the importance of legal validity in matters of marriage and pension entitlements.
The judgment serves as a critical reminder that personal conduct, particularly in marital affairs, can have significant implications on statutory benefits for government servants in Tamil Nadu.
