Verify, enter spouse names in service records of public servants: Madras High Court

Chennai: The Madras high court has directed the state government to issue consolidated instructions/guidelines as well as procedures to be followed to all government departments and government organisations across the state of Tamil Nadu to enter the names of the spouses in the service records of public servants after ascertaining the genuinity of the nominations and after conducting proper verification in order to protect the interest of the legally wedded spouse of the public servants in the government departments.

Justice S.M.Subramaniam also directed the state government to enter a clause in the instructions by stating that in the event of identifying any misconduct or the offence of bigamous marriage or otherwise, as the case may be, departmental disciplinary proceedings will be instituted and a criminal case also will be registered under the provisions of the Indian Penal Code.

 The judge was rejecting a plea from R.Thenmozhi, the second wife of a police officer (since deceased) , which sought a direction to the authorities to pay the death cum retirement benefits of her husband including provident fund, family pension, gratuity, leave salary etc equally to her and first wife Muthulakshmi.

 According to petitioner, her husband joined as constable in the police department and promoted up to the level of sub-inspector. Due to mutual understanding, she and the deceased police officer got married during the year 1982 at Murugan temple in Usilampatti town. The marriage was solemnized between her and the deceased police officer. She lived with him for a long time. Only during the year 1994, she came to know that her husband had already married Muthulakshmi and has got three children at Madurai.

On account of the difference of opinion arose between her and the deceased police officer, a complaint was lodged before the Usilampatti police station, where a mediation was conducted and the husband promised that he would live with her as second wife and he would maintain the second family also. Her husband died while in service on March 1, 2011. Under these circumstances, she should be paid half of the pensionary benefits from the pensionary benefits already paid in favour of Muthulakshmi, she added.

 The judge said it was a great surprise for this court in respect of the second marriage of a police officer the police station was conducting mediation. Such a situation was not only painful but illegal. On what basis, these police officials on duty were conducting mediation in respect of the second marriage by a public servant, more specifically, police officer.

In such an event, it was to be construed that the competent officials themselves were indirectly and impliedly encouraging such bigamous marriages under the pretext that such second marriages were common amongst the public servants, the judge added.

The judge said uniformed service in this state is undoubtedly sensitive. The uniformed service personnel were the law enforcing authority. If they were allowed to commit the offence of bigamous marriage, then it would be very difficult for such law enforcing agency to maintain the law and order, morale and discipline in the society at large.

These police officers  were openly solemnizing the second marriages in temples and in some isolated places.

These police officials were solemnizing the second marriages even with the knowledge of their relatives, however, without the knowledge of the first wife.

Under these circumstances, the authorities competent as well as the higher officials in the police department, on information of any such offence of bigamous marriage, must immediately act and initiate all further actions against the public servants. In the event of initiating swift actions, the evil consequences of such bigamous marriages can be brought down to the extent possible, the judge added.

  The judge said in the present case, admittedly the petitioner was the second wife and Muthulakshmi was the first wife of the deceased police officer.

When the name of Muthulakshmi had already been entered as nominee in the service records of the deceased police officer, the department has rightly settled the pensionary benefits and family pension in favour of Muthulakshmi and there was no infirmity as such, the judge added.