M MOHAMMED IBRAHIM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) WRIT Appeal has been filed against the order passed in WRIT Petition Nos. 734 and 739 of 2004 dated 17.7.2007 on the file of this Court.

(2.) THE case of the appellant is that he was working as Special Grade Typist in Government Periyar EVR College at Tiruchirapalli and he retired from service on 30.6.1996 and was getting superannuation pension from 1.7.1996. He got married to one Mumtaj Begum in the year 1963. While she was alive, he got married to one S.K. Sythani Bi on 12.9.1971, who was employed as a Government Servant and was working as Secondary Grade Teacher in the Government High School, Pudukottai District. Unfortunately, she died on 6.7.1972. THEreafter, the petitioner staked his claim for family pension on account of the death of his second wife and got the same. However, by an order dated 6.2.2004, the pension paid to him on account of the death of his second wife was stopped by the second respondent. It is this order under challenge in Writ Petition No. 739 of 2004.

(3.) THE learned senior counsel appearing for the appellant would submit that the second marriage of the appellant took place on 12.9.1971 and at that time, there is no conduct rule corresponding to Rule 19 of the conduct rule corresponding to Rule 19 of the Conduct Rules, 1973. Since Conduct Rules 1973 is not retrospective, there is no need for the appellant to get permission under Rule 19 since his marriage took place prior to 1973 Conduct Rules.