A second marriage contracted during the life of the first spouse is void, disqualifying the second wife from receiving family pension benefits.

Order

(Order of the Court was made by S.M.Subramaniam J.)

Under assail is the writ order dated 2.11.2021 in W.P.No.21883/2021.

The Accountant General of Tamil Nadu is the appellant. The 1^st respondent has instituted a writ proceedings challenging the rejection order, declining the claim of the 1^st respondent to include the name of the second wife of the 1^st respondent, Mrs.R.Revathy, in the Pension Payment Order as the nominee to receive the Family Pension.

2. The facts in brief would show that the 1^st respondent is a retired Block Development Officer, retired on 31.07.2007 and receiving pension as of now. Admittedly, the 1^st respondent, during the life time of his first wife Mrs.R.Vasantha contracted second marriage with Mrs.R.Revathy on 27.05.1992. The 1^st respondent admittedly, married the second wife and living with two wives. The 1^st respondent submitted an application before the Block Development Officer, Thoraiyur, on 21.4.2009 to include the names of both the wives as nominees in the Pension Payment Order so that both his wives shall receive Family Pension. The Block Development Officer forwarded the claim to the District Collector, Tiruchirappalli. The District Collector in turn recommended the application to the appellant/Accountant General of TamilNadu. The appellant rejected the claim, vide proceedings dated 29.07.2009, which resulted in filing of the writ petition.

3. The 1^st respondent submitted that the first wife died on 10.08.2020. Therefore, there is no impediment to include the name of the second wife Mrs.R.Revathy as the nominee in Pension Payment Order to receive the Family Pension.

4. The appellant contended before the writ court that contracting marriage with the second wife during the life time of the first wife will not entitle the pensioner to include the name of the second wife as the nominee, since 2^nd marriage becomes null and void. Therefore, application was rightly rejected by the Accountant General of TamilNadu.

5. Admittedly, the 1^st respondent had contracted the second marriage on 27.05.1992. Thus, he has committed bigamy, which is an offence as well as misconduct under the TamilNadu Government Servants Conduct Rules. The 1^st respondent’s wife died on 10.08.2020, which is evident as per the death certificate produced. The second marriage with Revathy is null and void and her name cannot be included as a nominee in the Pension Payment Order. The writ Court considered the order passed in the case of C.Sarojini Devi vs. The Director of Local Fund Audits dated 23.01.2020 in W.P.No.34952 of 2019 wherein it is held that “this Court has to necessarily lean towards the presumption of marriage”. Based on the said order, writ petition came to be allowed. Thus, the Accountant General preferred the intra-Court Appeal under Clause 15 of the Letters Patent.

6. This Court heard the arguments advanced on behalf of the parties to the lis on hand.

7. The writ Court has not considered the relevant Rules under the Tamilnadu Pension Rules 1978, which is to be followed for grant of pension and family pension. The eligibility for pension and family pension is of paramount importance, since the pension is a welfare scheme and being granted in accordance with the provisions of TamilNadu Pension Rules, 1978.

8. The facts regarding the second marriage during the life time of the first wife is not disputed. Thus, the second marriage is null and void. Even during the life time of both the wives, the 1^st respondent submitted an application for inclusion of the names of both the wives in the Pension Payment Order which was rejected by the Accountant General of TamilNadu.

9. Rule 49 of the Ta