Bombay HC Pulls Up Centre For Delay In Reply To Deceased Agniveer’s Mother’s Plea On Equal Benefits

Mumbai, April 21: The Bombay High Court on Tuesday rapped the Centre for failing to file its reply to a plea filed by the mother of an Agniveer who died during Operation Sindoor, seeking posthumous benefits on par with regular soldiers killed in action, and warned of imposing high costs on it.

Court pulls up Centre for delay

A bench of Justices Ravindra Ghuge and Hiten Venegaonkar granted the Centre time till May 6 and kept the plea for hearing in June.

The HC was hearing a petition filed by Jyothibai Naik, through advocates Sandesh More, Hemant Ghadigaonkar and Hitendra Gandhi, challenging the denial of benefits to which a regular soldier's family is entitled.

While giving a last chance to the Centre, the bench noted in its order that notices were issued in December 2025 and January this year. However, till date no reply affidavit has been filed.

“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,” the bench warned.

Deadlines set for response

The HC has asked the Centre to file a reply by May 6, a rejoinder affidavit by the petitioner by May 21, and kept the matter for final hearing in June. It emphasised that no further adjournments will be given.

Background of the case

Naik was killed on May 9 in Poonch when the Pakistan Army violated the ceasefire and launched heavy artillery and mortar attacks. The shelling occurred as Indian forces intensified operations following the Pahalgam terror attack.

Naik was recruited into the Army in June 2023. After his death, his mother wrote to various government authorities, seeking parity in benefits but did not receive any response, the petition claimed.

Demand for equal benefits

The plea sought directions to ensure equal posthumous benefits, including pension, recognition and welfare measures, for Agniveers who die in the line of duty. It also urged the authorities to consider extending these benefits specifically to Naik’s family. The matter is expected to be listed in due course.

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Challenge to Agnipath classification

Petitioner Jyothibai Naik has contended that the Agnipath scheme creates an “arbitrary” and “discriminatory” distinction between Agniveers and regular soldiers despite both performing identical duties under the same risks.

While the petition does not challenge the Agnipath scheme in its entirety, it argues that the classification it creates between Agniveers and regular soldiers lacks any “intelligible differentia” and is therefore unconstitutional.

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