The Madras high court has set aside an order reinstating a government servant compulsorily retired from service after his second marriage in 1990 for violating a provision of the Tamil Nadu Government Servants Conduct Rules, 1973.Justice K Chandru passed orders on a writ petition filed by S Thangavelu's second wife, Rajeswari, who sought to be reinstated in service herself with all consequential benefits.
Thangavelu, a junior assistant in the department of Treasuries and Accounts, married K Rajeswari, a store keeper in the Government Health department in Salem district, on January 8, 1990. Since Thangavelu was already married with two children and was unwilling to divorce his first wife, the couple got married with her consent, the petition stated.
Following complaints to their respective department heads, both individuals were dismissed from service as Rule 19 of the Tamil Nadu Government Servants' Conduct Rules prohibits bigamous marriage (a provision that prohibits government servants from entering into a marriage with a person having a spouse living and vice-versa).
Thangavelu approached the Tamil Nadu Administrative Tribunal to revoke the order and was reinstated after his application was allowed in 1995. However, Rajeswari was removed from service by an order dated October 31, 2000 following which she filed the present writ petition.
Justice Chandru observed that even with the consent of the first wi [...]
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