Section 126 in The Navy (Pension) Regulations, 1964
126. [Refusal of family pension] [Relettered, Inserted & Substitued by S.R.O. 309, dated 5th September, 1974] to an individual in receipt of another pension from Government or in Government employment.
-[(a) No ordinary or special family pension shall normally be granted to an individual if, and for so long as, the individual is in the employment of the Central Government or any State Government, or is in receipt of another pension from the Central Government or any State Government, except as provided for in clause (d):] [Relettered, Inserted & Substitued by S.R.O. 309, dated 5th September, 1974]Provided that a widow in receipt of another pension from the Central Government or any State Government or in employment of such Government shall not be debarred from the payment of any special family pension subject to the condition that no two pensions in respect of the same person shall be admissible to her.Provided further that if in the case of an individual other than the widow, the pay in such employment or pension is less favourable than the special family pension admissible under these regulations, the following provision shall apply:(1)Where the individual is in the employment of such Government, half the special family pension normally admissible under these regulations shall be paid subject to the provisions of clause (c). Full special family pension shall be payable from the date of termination of such employment.(2)Where the individual is in receipt of a pension under these regulations, it shall be held in abeyance for so long as any special family pension is payable to him either under these regulations or under the Army or Air Force Pension Regulations. The amount, if any, paid on account of the lesser pension, from the date from which the grant of special family pension takes effect, shall be adjusted accordingly.(3)Where the individual is in receipt of any pension under the civil rules, the amount of special family pension admissible under these regulations shall be reduced by the amount of such pension.(b)Where, however, the pecuniary circumstances of a claimant in receipt of another pensions are such that the operation of clause (a) is likely to cause undue hardship, the case shall be considered by the Central Government on merits whose decision thereon shall be final.(c)[ Family pension under these regulations shall not be abated or discontinued by the grant of a pension under the Central or State (Extraordinary) Pension rules. A special family pension under these regulations and an extraordinary pension under the civil rules in respect of the same person will not, however, be admissible.] [Substitued by S.R.O. 161, dated 1st May, 1969](d)[ The provisions of this regulation shall also be applicable when the recipient of a special family pension is, subsequently, employed under the Central Government or any State Government or granted another pension from such Government.] [Inserted & Substitued by S.R.O. 309, dated 5th September, 1974](e)[ Family pension granted under these regulations shall remain unaffected in cases where the claimant is in receipt of another pension under the Central or State Extraordinary pension rules.] [Inserted & Substitued by S.R.O. 309, dated 5th September, 1974]
