SANTHI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The order of rejection, rejecting the claim of the writ petitioner for grant of family pension is under challenge in the present writ petitioner.

(2.) The writ petitioner states that her husband Late Mr.Dhanushkotti got married one Janniammal, who is none other than the elder sister of the writ petitioner. The said Janniammal was suffering an illness and therefore, the husband of the writ petitioner married the writ petitioner as second wife. It is an admitted fact that the petitioner married the deceased employee Late Mr.Dhanushkotti on 14/9/1975, when his first wife was alive. The husband of the writ petitioner was working as Teacher in Primary School. He retired from service on 31/5/1997. After his retirement, he was receiving pension and died on 10/6/2010. Thereafter, the petitioner submitted an application for grant of family pension. The said application was rejected by the Principal Accountant General of Tamil Nadu on the ground that the second marriage of deceased employee Late Mr.Dhanushkotti with the petitioner Tmt.Santhi was solemnized on 14/9/1975, admittedly, when the first wife was alive. Therefore, the petitioner is not eligible for family pension. A Government employee, contracting a second marriage during the lifetime of the first wife is a misconduct and he is liable to be prosecuted for bigamous marriage. That apart, the second marriage during the lifetime of the first wife is not a valid marriage under the Hindu Marriage Act, 1955 and therefore, the second wife cannot be construed as a widow within the meaning of Tamil Nadu Pension Rules, 1978. When the marriage became invalid, the question of granting family pension under the Tamil Nadu Pension Rules would not arise at all.

(3.) 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.