The main legal point established in the judgment is that under Rule 49(7)(a)(i) of the Tamil Nadu Pension Rules, family pension can only be shared between widows if the marriage is valid. Invalid marriages do not confer the status of a widow and do not entitle the second wife to family pension.

JUDGMENT :

(Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the Letter No.Pen34/4/13402892/ADK/562/182137, dated 24.03.2014 on the file of the first respondent, quash the same as illegal and further direct the second respondent to sanction the family pension as per the recommendation of the third respondent Letter No.374/A1/2014 dated 14.02.2014.)

1. The order of rejection dated 24.03.2014, rejecting the claim of the petitioner for grant of family pension on the ground that the marriage between Shri. V.N. Sivasankaran and Smt. Kamala (2nd wife) took place on 07.11.1973 before the death of Smt. Indirani, who is the 1st wife (on 02.01.2000), is under challenge in the present writ petition.

2. The petitioner states that her husband V.N. Sivasankaran was working as Secondary Grade Teacher and he retired from service on 31.05.1989 on attaining the age of superannuation. Thereafter, he was receiving family pension, till his date of death i.e. 02.07.2013. The petitioner states that she is the second wife of late V.N. Sivasankaran and the marriage between them was solemnized on 07.11.1973. The husband of the petitioner married one Indirani in the year 1966 as first wife. Since the first wife suffered from some ill health, with the consent of said Indirani and the family members, the petitioner married the deceased employee. The first wife Indirani died on 02.01.2000, after a lapse of 27 years from the date of the second marriage.

3. As per the Service Rules, the deceased husband of the petitioner nominated his first wife as nominee for receiving family pension. However, the deceased employee did not change her name after her death in the nomination. Thus, after the death of the deceased employee, the petitioner submitted a representation for grant of family pension. The authorities competent rejected the claim mainly on the ground that the second marriage between the deceased employee and the petitioner was solemnized during the lifetime of the first wife and therefore, the second marriage is invalid. Thus, the petitioner cannot be construed as a widow for the purpose of granting family pension under the Tamil Nadu Pension Rules. Challenging the said order, the present writ petition is filed.

4. The learned counsel for the petitioner mainly contended that the second marriage was solemnized with the consent of the first wife and their family members. When the second marriage was solemnized with the consent of the first wife and the second wife is recognized as a wife for several years as far as the deceased employee is concerned, the family pension is to be granted to the petitioner.

5. The learned counsel for the first respondent/Principal Accountant General of Tamil Nadu objected the said contention by stating that once the second marriage became invalid, the second wife is not eligible for family pension under the Tamil Nadu Pension Rules.

6. As per the pension scheme, the family pension is to be paid only to the spouse i.e., legally wedded spouse of an employee. Once the authorities came to know that the family pensioner is not a legally wedded spouse of the deceased employee, then they cannot sanction and pay the family pension. In such circumstances, the spouse has to establish that he/she is the legally wedded spouse of the deceased employee.

7. The scope of Tamil Nadu Pension Rules for grant of family pension under Rule 49 was elaborately considered by the Hon'ble Division Bench of this Court in the case of R.Rajathi Vs. The Superintendent Engineer dated 05.06.2018 in W.A.No.977 of 2017. That apart, Rule 49 (7) of Pension Rules contemplates the pension is payable for more than one widows. The language employed is “payable”. Thus, if more than one widow is eligible for family pension and such family pension is payable to the second widow, then only the question of sharing the pension under Rule 49 of the Pension Rules woul