The Jharkhand High Court (JHC) ruled that a second wife cannot claim a compassionate appointment if her marriage to a government servant, who is now dead, was contracted without prior official sanction.
A Division Bench comprising Chief Justice MS Sonak and Justice Rajesh Shankar on Wednesday dismissed an appeal filed by Martha Murmu. The order was uploaded on the high court website on Thursday.
Murmu had challenged a single-judge order rejecting her application for employment following the death of her husband, Barnawas Maltu, a former Panchayat Sewak who died in harness in July 2011.
Murmu argued that as members of the Santhali Tribe, their customary laws legally permitted a second marriage. However, the Bench firmly rejected this logic, clarifying that tribal customs did not supersede statutory requirements.
Highlighting the absolute necessity of administrative clearance under Rule 23 of the Conduct Rules, the Bench observed: “Such permission is necessary even in a case where the second marriage is permissible under the personal law applicable to such Government servant and the other party to the marriage.”
The court found no record that the late employee ever sought state approval before marrying Murmu. Consequently, the judges remarked: “In the absence of any such permission, the present appellant cannot insist upon compassionate appointment based upon her second marriage while the marriage between Barnawas Maltu and his first wife was subsisting.”
{{/usCountry}}The court found no record that the late employee ever sought state approval before marrying Murmu. Consequently, the judges remarked: “In the absence of any such permission, the present appellant cannot insist upon compassionate appointment based upon her second marriage while the marriage between Barnawas Maltu and his first wife was subsisting.”
{{/usCountry}}The HC distinguished Murmu’s claim from Supreme Court precedents, noting that while the law protects the financial rights of minor children born from a second marriage, it does not grant the second wife the right to compassionate employment. The Bench concluded that Murmu’s dire financial distress could not override mandatory criteria and dismissed the appeal without costs.
Former Tribal Advisory Council member Ratan Tirkey welcomed the order.
“Though matters related to customary law are better decided by a village chief, sometimes the matter reaches the court. This was one such case. The order is fine,” Tirkey said.
Tribal expert Premchand Murmu, noting the high court order said there is nothing wrong with the high court order. “Bigamy is allowed but not popular in tribal society. A second marriage in the presence of the first wife generally takes place when there is no issue from the first wife. It has social acceptance. Tribals generally do not seek permission for a second marriage. First wife gets all legal rights. Society accepts the first wife as the bona fide wife. Sometimes problems arise. This is one such case,” Tirkey said.