TN Service Rules Prohibit Bigamy, Can't Include Second Wife's Name In Pension Order Even After Death Of First Wife: Madras High Court

The Madras High Court recently held that the Tamil Nadu Government Servants Conduct Rules prohibit contracting of a second marriage during the lifetime of the first wife. The bench of Justice SM Subramaniam and Justice C Kumarappan noted that bigamous marriage was a grave misconduct under the service rules, warranting departmental action. Thus, the court ruled that the second wife's name could not be included in the Pension Payment Order even after the death of the first wife. “Tamil Nadu Government Servants Conduct Rules prohibits contracting of second marriage by the government employee during the lifetime of the first spouse. Contracting second marriage during the lifetime of the first spouse is a misconduct warranting departmental proceedings, which is considered as grave misconduct, under the Conduct Rules,” the court said. The court was hearing an appeal filed by the Accountant General directing it to include the name of an employee's second wife in his pension payment order. The employee retired as a Block Development Officer on July 31st, 2007. It was submitted that the employee contracted second marriage during the existence of the his marriage and was living with two wives. It was submitted that the employee submitted an application to the Block Development Officer to include the names of both wives as nominees in the pension payment order so that both of them could receive family pension. The BDO forwarded the application to the District Collector who in turn recommended it to the Accountant General of Tamil Nadu. The Accountant General rejected the application which was challenged by way of the writ proceeding. Since the writ court ruled in favour of the employee, the Accountant General filed the present appeal. The employee argued that his first wife died in 2020 and thus presently there was no impedimanet to include the second wife's name as nominee in the PPO to receive pension. The Accountant General, on the other hand, argued that the second marriage was null and void since it was contracted during the lifetime of the first wife. It was also argued that the employee had committed bigamy which was an offence as well as misconduct under the service rules. The division bench noted that the writ court had not considered the relevant Rules under the Tamil Nadu Pension Rules which clearly provided for eligibility of family pension. The court noted that the fact that the second marriage was contracted during the lifetime of the first wife was not disputed. The court also noted that the death of the first wife would not be a ground to claim that the pension be given to the second wife, since the second marriage was void. “In the present case, the facts are not controverted between the parties. The second marriage was solemnised during the life time of the first wife. Death of the first wife would not provide a ground to claim family pension by the second wife, since the second marriage is void,” the court said. Thus, noting that the writ court's order was not in consonance with the pension rules, the court noted that the application could not have been allowed. The court thus set aside the order of the single judge and allowed the appeal. Counsel for Appellant: Ms. V. Kanchana for Mr. V. Vijayashankar Counsel for Respondents: Mr. K. Sanjay, Dr. S. Suriya, AGP Case Title: The Accountant General v. M Radhakrishnan and Another Citation: 2026 LiveLaw (Mad) 69 Case No: WA No. 1072 of 2022Click Here To Read/Download The Judgment

TN Service Rules Prohibit Bigamy, Can't Include Second Wife's Name In Pension Order Even After Death Of First Wife: Madras High Court

Upasana Sajeev

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