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Union of India - Section

Section 205 in The Navy (Pension) Regulations, 1964

205. Claims for initial grant, revision and re-assessment of pension or allowance or for gratuity.

(1)Subject to the provisions of sub-regulation (2), claims for the first grant, revision and re-assessment of pensions or allowance or gratuity shall be dealt with as follows:Claims preferred after twelve months from the date on which they fall due shall be entertained, if otherwise such claims are in order, with arrears as specified below :
(i)Where arrears are due to rectification of a mistake in assessingor reassessing a pension, etc., or to revision of a pension,etc., which is not revised through inadvertence at the time of ageneral revision. Fullarrears subject to the maximum of arrears for five yearspreceding the date of the pension payment order in which thecorrect or the revised rate is notified.
(ii)Claims to first grant of a pension, etc., or to revision of apension, etc., in cases where reassessment is to be made onlyon the submission of a claim;  
(a)Where explanation for the delay is considered by the pensionsanctioning authority to be satisfactory. Fullarrears subject to the maximum of arrears for five yearspreceding the date of the pension payment order in which theaward is notified.
(b)Where no action is taken on a petition or the petition isrejected on account of any error on the part of the pensionsanctioning authority or competent authority and the applicantdoes not represent the case again for more than a year after thefirst rejection. Upto three years preceding the date of the application which ispursued to a finality and leads to the grant of a pension,etc., subject to the maximum of arrears for five years precedingthe date of the pension payment order in which the award isnotified.
(c)Where explanation for the delay is considered by the pensionsanctioning authority to be unsatisfactory. Fromthe date of the application subject to a maximum of arrears forthree years preceding the date of the pension payment order inwhich the award is notified.
Provided that where a pending enquiry award is under issue, the date of commencement of pension shall be the date from which the pending enquiry award was sanctioned.Explanation. - Doubtful cases, as also cases in which the grant of arrears for periods in excess of the periods referred to above is considered to be justified in the special circumstances of the case shall be referred by the pension sanctioning authority to the Central Government for orders.
(2)Claims for family pension preferred by claimants who are disqualified under these regulations shall not be entertained.
(3)The provision of this regulation shall apply to claims for transfer of family pension and increase of children's allowance.Explanation. - In regard to claim for transfer of family pension to the widow under regulation 130, the period of twelve months shall reckon from the date on which intimation regarding the death of disqualification of the recipient of the family pension is received by the Captain Naval Barracks, Bombay from the Controller of Defence Accounts (pensions) or from any other source.
(4)In cases of death of individuals who are invalided out of service and who die prior to the settlement of their disability pension claims, the time-limit of twelve months under regulation 202 and sub-regulation (1) of this regulation for the purpose of special family pension claims shall be reckoned from the date of the pension payment order in which the award of disability pension is notified.
(5)
(i)Claims to gratuity preferred after twelve months but within three years of the date on which they fall due shall be admitted in full by the Controller of Defence Accounts (Pensions) or Controller of Defence Accounts (Navy), as the case may be: Provided that claims preferred after three years but within five years of such date may, where the explanation for the delay is satisfactory be admitted in full by the said authority.
(ii)Claims not covered by clause (i) shall be submitted for orders of the Central Government.