The Madras High Court has ruled that the second wife of a retired government employee cannot claim his family pension. The court held the marriage was legally void, as it took place while the first wife was still alive.
The Madras High Court ruled that the second wife of a retired government employee is not entitled to his family pension, as her marriage was legally void since it took place while the first wife was still alive.
A Division Bench comprising Justice SM Subramaniam and Justice C Kumarappan clarified that the subsequent death of the first wife does not grant the second wife the right to claim the pension.
The Court stated in its order dated January 27,
“The second marriage was solemnised during the lifetime 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,“
This decision followed an appeal from the Accountant General of Tamil Nadu, challenging a single-judge ruling that had permitted the second wife to be named as a nominee for the family pension in the Pension Payment Order.
The case centered on a Block Development Officer who retired in 2007. He had entered into a second marriage in 1992 while his first wife was alive. After his retirement, he requested to have both wives listed as nominees for his family pension; however, the Accountant General denied this request in 2009, citing the second marriage’s legal voidness.
The second wife subsequently filed a petition that was upheld by a single judge in 2021. However, the Division Bench reversed this decision.
The Court referenced the Tamil Nadu Pension Rules, 1978, which govern pension entitlements for state employees, and the Tamil Nadu Government Servants Conduct Rules, 1973, which regulate employee behavior and duties. It emphasized that pension and family pension benefits are strictly awarded based on legal eligibility.
The bench highlighted Rule 49 of the Pension Rules, which outlines the eligibility criteria for family pensions, while the Conduct Rules explicitly prohibit government employees from marrying another person while still having a living spouse.
The Court highlighted that entering into a second marriage while the first spouse is alive constitutes misconduct.
The order stated,
“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 also referenced previous Supreme Court and High Court decisions affirming that only legally valid marriages carry pension rights.
It concluded that the facts in this situation were clear and undisputed, rendering the second marriage null and void due to its occurrence while the first wife was alive.
As a result, the High Court annulled the single-judge ruling and upheld the appeal brought forth by the Accountant General.
Advocates V Kanchana and V Vijayashankar represented the Accountant General (Appellant), with Additional Government Pleader S Suriya appearing for the State and advocate K Sanjay representing the pensioner.
Case Title: Accountant General of Tamil Nadu v. M Radhakrishnan & Arn.
Read Attachment