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[Cites 0, Cited by 0] [Section 205] [Entire Act]

Union of India - Subsection

Section 205(1) in The Navy (Pension) Regulations, 1964

(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.