Section 177 in The Navy (Pension) Regulations, 1964
177. Adjustment of pending enquiry awards.
(a)Disability pension claims. - (i) If the claim is rejected, no recovery of the amount paid as pending enquiry award shall be made.(ii)If the claim is accepted, the amount paid as pending enquiry award shall be adjusted by the Controller of Defence Accounts (Pensions) against the award of disability pension.(b)Family pension and Children's allowance claims. - If the claim is rejected, the amount paid as pending enquiry award shall be adjusted as under :(a)If paid to the widow, it shall be adjusted against the award of family pension or gratuity admissible to her under regulation 142.(b)If paid to an heir other than the widow who is alive and is eligible for the grant of an award of pension or gratuity under regulation 142, the case shall be referred to the Central Government for orders, regarding the regularisation of the pending enquiry award.(c)No recovery shall be made in other cases.(ii)If the claim is accepted the amount paid as pending enquiry award shall be adjusted as indicated below :(A)When the recipient of the pending enquiry award and the family pension and children's allowance finally sanctioned is the same, the amount paid as pending enquiry award shall be adjusted against the award of family pension and children's allowance.(B)In cases where:(1)the recipients of the pending enquiry award and the family pension and children's allowance finally sanctioned are husband and wife (or vice versa), or(2)the recipient of the pending enquiry award is the father of the deceased and family pension and children's allowance are sanctioned to the widow or the child of the deceased, or(3)the recipient of the pending enquiry award waives his or her claim in favour of the widow and the family pension and children's allowance are sanctioned to the latter,the amount paid as pending enquiry award shall be adjusted against the arrears of family pension and children's allowance due under these regulations and the balance, if any, recovered from the pension sanctioned in instalments not exceeding one third of the pension.(C)All other cases shall be submitted for orders of the Central Government. Pending such orders, the arrears of family pension and children's allowance to the extent of the amount paid as pending enquiry award shall be withheld from the recipient of the family pension and children's allowance. If the amount paid as pending enquiry award exceeds the arrears of family pension and children's allowance admissible, the balance shall be recovered from the family pension and children's allowance in instalments not exceeding one-third of the pension. Final adjustment shall be made on receipt of orders of the Central Government.
