W.P.(MD)No.2831 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.(MD)No.2831 of 2022

M.Muthumadasamy

...Petitioner

/Vs./

1.The Accountant General,

(Accounts & Entitlements) of Tamil Nadu,

No.361, Anna Salai, Chennai – 600 018.

2.The District Educational Officer,

Uthamapalayam,

Theni District.

...Respondents

PRAYER:- Writ Petition - filed under Article 226 of the Constitution

of India, praying for the issuance of a Writ of Certiorarified

Mandamus to call for the records of the 1^st Respondent, of his

proceedings in AG(A&E) / PEN24 / UNIT-1 / PT.NO.8984 dated

22.12.2021 and quash the same and direct to incorporate Mrs.kavitha

as a Nominee of the Petitioner in P22/12208254/3/P.P.O.No.R2208254 /

EDA to receive family pension.

For Petitioner

: Mr.K.P.S.Palanivel Rajan

For R1

: Ms.S.Mahalakshmi

For R2

: Mr.G.V.Vairam Santhosh

Additional Government Pleader

ORDER

The order dated 22.12.2021 issued by the Accountant General of

Tamil Nadu rejecting the request of the petitioner to include the

name of his second wife as nominee in the service records is under

challenge in the present writ petition.

2.The impugned order states that the writ petitioner,

M.Muthumadaswamy has married Smt.M.Kavitha, when his wife is alive.

Thus, Smt.M.Kavitha cannot be incorporated as family pension

beneficiary, as per the Tamil Nadu Pension Rules, 1978 (in short

'Pension Rules').

3.The facts in nutshell are that the petitioner served as

Assistant and Junior Assistant and retired from service on

31.08.2013 and now receiving pension. The petitioner married one

Smt.Tamil Selvi in the year 1985 and she was diagnosed of suffering

from Blood Cancer and she requested the petitioner to marry her

younger sister Kavitha, as they had two children born out of

wedlock. Accordingly, the petitioner married Smt.M.Kavitha on

1/7

https://hcservices.ecourts.gov.in/hcservices/

W.P.(MD)No.2831 of 2022

29.05.1994, subsequently the first wife of the writ petitioner died

on 18.09.1996.

4.The petitioner was making a request to include the name of

the second wife, Smt.M.Kavitha as nominee in the service records for

the purpose of family pension. The said request was forwarded by

the District Educational Officer, Uttamapalayam. However, the

Accountant General of Tamil Nadu rejected the request on the ground

that the writ petitioner has married Smt.M.Kavitha, when his first

wife is alive.

5.The issues to be considered in this writ petition are that :

(a) whether a Government employee can enter into a contract for

second marriage during the lifetime of the first wife?;

(b) whether in the event of death of the first wife after

solemnizing the second marriage, the second wife would be entitled

to seek her name to be incorporated as nominee in the service

records or not?;

(c) What are all the governing principles with reference to the

Tamil Nadu Government Servants Conduct Rules, 1973 (in short

'Conduct Rules') and the Pension Rules, which all are to be

scrupulously followed as far as the Government servants are

concerned?.

6.Rule 19 of the Conduct Rules speaks about the Bigamous

Marriage. Accordingly, no Government servant shall enter into or

contract a marriage with a person having a spouse living and no

Government servant having a spouse living shall enter into or

contract a marriage with any person.

7.Sub-Rule (2) to Rule 19 stipulates that no Government servant

involve himself in any act involving moral turpitude on his part

including any unlawful act, which may cause embarrassment or which

may bring discredit to Government.

8.As far as the Government servants are concerned, the Conduct

Rules are applicable and the offence of bigamous marriage under the

Indian Penal Code cannot be compared with the Conduct Rules, as they

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