Search This website

Loading...

06/02/2010

Muslim Govt employee’s second marriage illegal: Supreme Court

Muslim Govt employee’s second marriage illegal: Supreme Court

A ruling by the Supreme Court, upholding as illegal the second marriage by a Muslim employee of Rajasthan Government without divorcing first wife, has kicked off a major controversy. Muslim clerics and leaders say this judgement would jeopardise the right of Muslims to have more than one marriage under the Muslim Personal Law.

A division bench of the Supreme Court, comprising Justice VS Sirpurkar and Justice Aftab Alam, on January 25 dismissed the petition of Liyakat Ali, a former constable in the Rajasthan Police, challenging the judgement of the Rajasthan High Court, which said that under the Rajasthan Civil Services (conduct) Rules 1971 no Government employee, irrespective of his or her religion, is allowed to marry second time without the permission from the Government.

The State Government had terminated the services of Ali about 23 years ago on the ground that he had married second time without divorcing his first wife and without taking prior permission.

Ali has been contesting in various courts since 1986 that under the Muslim Personal Law, he is allowed to marry second time without taking the permission of the Government. He also maintained that he had divorced his first wife before his second marriage.

On the instructions of the lower courts, his case was investigated. The probe concluded that Ali got married to Maksuda Khatun without divorcing Farida Khatun, his first wife.

Mohammad Salim Engineer, leader of the Rajasthan Muslim Forum, says under the Muslim Personal Law, community has got certain rights. This law allows a Muslim to have second wife and this should be accepted by the Government. He wants that the State Government should amend its service rules in this regard.

Mujahid Naqvi of the Milli Council says the judgement is a direct interference in the religious rights of the Muslim community.

Manish Bhandari, who argued the case on behalf of the State Government, is of the opinion that relevant clauses of the service rules give more stress on disciplining its employees rather than interfering in any of their personal laws.

No comments:

Post a Comment

Note: only a member of this blog may post a comment.

PME Due Date

Master Circular No. 25



Copy of Railway Board’s letter No. 69/H/3/11 dated 06.12.1974



Subject: Implementation of the Recommendations of the Visual Sub-Committee.



6. Periodical re-examination of serving Railway Employees:



6.l. In order to ensure the continued ability of Railway employees in Classes A l, A 2, A 3, B l and B 2 to discharge their duties with safety, they will be required to appear for re-examination at the following stated intervals throughout their service as indicated below:



6.1.1. Classes A l, A 2 and A 3 —At the termination of every period of three years, calculated from the date of appointment until they attain the age of 45 years, and thereafter annually until the conclusion of their service.



Note: (l) The staff in categories A l, A 2 and A 3 should be sent for special medical examination in the interest of safety under the following circumstances unless they have been under the treatment of a Railway Medical Officer.



(a) Having undergone any treatment or operation for eye trouble irrespective of the duration of sickness.



(b) Absence from duty for a period in excess of 90 days.



(2) If any employee in medical category A has been periodically medically examined at any time within one year prior to his attaining the age of 45, his next medical examination should be held one year from the due date of the last medical examination and subsequent medical examination annually thereafter.



If, however, such an employee has been medically examined, at any time earlier, than one year prior to his attaining the age of 45, his next medical examination should be held on the date he attains the age of 45 and subsequent medical examination annually thereafter.




Ammendment: It was ammended in 1993 as below



Age Group PME Due



Age 00-45 every 4yrs



Age 45-55 every 2yrs



Age 55-60 every year
Details:-
As per Rly Bd's Guideline of Medical Exam issued vide LNo. 88/H/5/12 dated 24-01-1993

a) PME would be done at the termination of every period of 4 years from date of appointment / Initial medical Exam till the date of attainment of age of 45 years, every 2 years upto 55 years & there after annual till retirement.
b) Employees who has been periodically examined at any time within 2years prior to his attaining the age of 45years would be examined after 2years from the date of last PME & subsequent PME for every 2years upto 55years age.Of

NRMU 4 you
SMLokhande





6.1.2. Classes B-1 and B-2—On attaining the age of 45 years, and thereafter at the termination of every period of five years.