IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15255 of 2007 Chandrama Devi, Wife of Madan Mohan Thakur, Resident of village Madhopur Kapur, P.O. Chandra Hati, P.S.-Kurhani,, District-Muzaffarpur. ….. Petitioner. VERSUS 1. Union of India through the Defence Secretary, Army Head Quarter- Defence Head Quarter, New Delhi. 2. The Chief of the Army Staff, Army Head Quarter-Defence Head Quarter, New Delhi. 3. The Officer-in-charge, P.C.D.A., Allahabad (U.P.). 4. The Record Officer, Abhilekh Karyalay Records, Bihar Regiment, Danapur Cantt.-801503. 5. The Director Regiment Records, the Bihar Regiment, Danapur, Patna. …….. Respondents. ------------- Counsel for the Petitioner : Mr. Vipin Kumar. Counsel for the Union of. : Mr. Shailendra Kumar Singh, C.G.C. India. --------------- 02 17.02.2009 The only two issues remain. Petitioner’s son whom they were dependent joined army and was classified as dead in action. He had died then married. Annexure-1 is the communication of the Incharge of the Records, the Bihar Regiment Centre, wherein it was clearly stated that as between the parents of the sepoy and the widow of the sepoy all financial assistance including AGI benefits were to be divided in the ratio of 40% and 60%. Most benefits have been so divided. This was on basis of agreement between two. The only two matters left are ex gratia from Central Government, wherein the division has not been accepted by the Central Government and the matter is pending before Controller General of Accounts by the Army Headquarters. The second issue is with regard to AGI death benefit, here Army wants a consent certificate from the daughter-in-law. So far as AGI death benefit is concerned, in my view, Annexure-1 as noted above is sufficient consent to divide the benefit 2 and respondents are directed to act accordingly, no fresh consent would be necessary. So far as ex gratia from Central Government is concerned, all this Court can observe is that let sepoy Sanjeev Kumar was not only supporting his wife but supporting his family, which is bigger than his wife. Every Son has an obligation to maintain his parents and it is high time to realize that not only the wife but also the parents and other family members who are dependent upon a single earning member in the family are to be compensated. It is for this purpose rightfully division of financial benefits have been done and noticed in Annexure-1. It is not just the wife losing her husband but his father also losing his son as well. Sons are at least supposed to be support for aging parents as much as support for the widow. Authorities would proceed in view of the consent as noted in Annexure-1 and the observations made above. The writ petition thus stands disposed. It is directed that the matter should be settled at the earliest preferably within a period of three months from the date of production of a copy of this order before the Officer-in-charge, P.C.D.A., Allahabad (U.P.)-respondent no. 3. Trivedi/ (Navaniti Prasad Singh, J.)