The Bombay High Court has issued a stern warning to the Central Government for its continued failure to respond to a petition filed by the mother of a deceased Agniveer. The petitioner is seeking posthumous benefits for her son, who was killed in action, on par with those granted to regular soldiers. Highlighting the urgency of the matter, the court cautioned that it would impose “heavy costs” on the Centre if an affidavit is not filed by the next hearing.
The petition was moved by Jyotibai Naik, the mother of Agniveer Murali Naik. Murali Naik was recruited into the Indian Army in June 2023 under the Agnipath scheme. Less than a year later, on May 9, 2024, he was killed during cross-border shelling in Poonch, Jammu & Kashmir. The incident occurred during Operation Sindoor, a military action launched in response to a terror strike in Pahalgam that had claimed 26 lives.
Despite being killed in the line of duty during an active military operation, the petition claims that the Agnipath scheme’s structure denies his family the long-term pension and welfare benefits typically accorded to the families of regular soldiers.
Represented by advocates Sandesh More, Hemant Ghadigaonkar, and Hitendra Gandhi, the petitioner argues that the Agnipath scheme creates an “arbitrary” and “discriminatory” distinction between Agniveers and regular soldiers. The core arguments presented in the plea include:
- Risk and Duty Parity: The petition contends that Agniveers perform identical duties and face the same life-threatening risks as regular soldiers, yet their families are excluded from post-service pension benefits.
- Constitutional Violation: The plea states that the scheme creates a classification without any “intelligible differentia,” thereby violating fundamental rights.
- Inadequate Benefits: While the family received an ex-gratia payment of approximately ₹1 crore, they have been denied a regular family pension and other institutional welfare measures.
The petitioner had previously written to various authorities in July 2023 requesting equal benefits but received no response, prompting the legal action.
A bench comprising Justices Ravindra Ghuge and Hiten Venegaonkar expressed strong displeasure over the Centre’s repeated delays. The court noted that notices were first issued in December last year and followed up in January, yet no response has been forthcoming.
“The petition has been pending since last year. Issues raised in the plea have also been addressed by the petitioner in a letter to the government in July last year. There is some urgency,” Justice Ghuge remarked.
The court explicitly stated that no further adjournments would be granted for filing the response. The Maharashtra government has also been directed to file its affidavit in the matter.
The High Court has granted the Centre a final opportunity to file its reply affidavit by May 6. The matter is scheduled for further hearing on June 18. The petitioner seeks a direction for the government to ensure equal posthumous benefits, including pensions and institutional recognition, for families of Agniveers who die in service.
