However, the Division Bench overturned the single-judge’s decision,
The Court referred to the provisions of Tamil Nadu Pension Rules, 1978 (rules governing pension entitlements for state employees) and the Tamil Nadu Government Servants Conduct Rules, 1973 (rules regulating the behavior and duties of government employees) to highlight that pension and family pension are welfare benefits granted strictly as per legal eligibility.
The bench noted that Rule 49 of the Pension Rules defines family pension eligibility while the Conduct Rules prohibit a government servant from marrying another person while a spouse is living.
The Court further pointed out that contracting a second marriage during the lifetime of the first spouse constitutes misconduct.
“Contracting second marriage during the lifetime of the first spouse is a misconduct warranting departmental proceedings, which is considered as grave misconduct, under the Conduct Rules,” the order said.