Section 59 in The Navy (Pension) Regulations, 1964
59. Rank for purposes of special family pension in respect of an officer suffering from pulmonary tuberculosis but retained in service.
(1)Except as provided in sub-regulations (2) and (3), special family pension in respect of an officer suffering from pulmonary tuberculosis attributable to or aggravated by service in the Indian Navy who on the expiry of leave granted to him had rejoined duty having been found fit for retention in service shall be assessed on the substantive rank held by him immediately prior to the date of rejoining duty if he died as a result of a relapse of the disability within five years from that date.(2)Paid acting rank' held by such an officer on any of the following dates, whichever is the most favourable, shall be taken into account for the purpose of assessment of special family pension(i)the date immediately proceeding the date of resumption of duty; or(ii)the date on which the officer was first removed from duty on account of pulmonary tuberculosis; or(iii)if he rendered further service, and suffered aggravation of the disability during and as a result of such service, the date of his later removal from duty on account of the disability :[*****] [Omitted by S.R.O. 309, dated 5th September, 1974](3)If death occurs as a result of relapse of the disability after a period of five years from the date of rejoining, the rank assessment of special family pensionary awards shall be determined in accordance with regulation 58.
