The Bombay High Court on Tuesday criticised the Centre for not responding to a petition filed by the mother of an Agniveer seeking equal posthumous benefits. The court warned that it may impose heavy costs if a reply is not filed soon.
A bench of Justices Ravindra Ghuge and Hiten Venegaonkar granted time till May 6 for the Centre to submit its affidavit. The plea was filed by the mother of Murali Naik, who died during Operation Sindoor last year.
The court noted that notices had already been issued in December and January, but no response had been filed so far. “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. If a reply affidavit is not filed by the next date, we will impose heavy cost,” Justice Ghuge warned, reported PTI.
All about the case
Murali Naik, an Agniveer recruited under the Agnipath scheme, was killed on May 9 last year in Poonch, Jammu and Kashmir. He died during heavy cross-border shelling by the Pakistan Army as India carried out Operation Sindoor in response to the Pahalgam terror attack that had claimed 26 lives, mostly tourists.
Naik’s mother Jyotibai Naik argued in her petition that the Agnipath scheme creates an unfair distinction between Agniveers and regular soldiers. She said the denial of full benefits to families of Agniveers is “discriminatory.”
The plea highlighted that Agniveers perform the same duties and face the same risks as regular soldiers but are excluded from long-term benefits. It stated, “the scheme expressly excludes Agniveers from post-service pension benefits and other long-term welfare entitlements,” reported the news agency.
Benefits received and demands
According to the petition, the family received an ex-gratia compensation of around Rs 1 crore after Murali Naik’s death. However, they were not given a regular family pension or other long-term support provided to families of regular soldiers. The plea has asked the court to direct the government to ensure equal posthumous benefits, including pensions, recognition and welfare measures for families of Agniveers who die in service.
The petition also stated that after her son’s death, Jyotibai Naik wrote to several authorities requesting equal benefits, but she did not receive any response.
While the plea does not challenge the entire Agnipath scheme, it argues that the current policy is arbitrary and violates fundamental rights by creating an unreasonable classification between Agniveers and regular soldiers.
Next court hearing
The court has also directed the Maharashtra government to file its affidavit in the matter. The next hearing is scheduled for June 18, and the court has made it clear that no further adjournments will be granted.
(With PTI Inputs)
