Mumbai, Dec 16: The Bombay High Court on Tuesday issued notice to the Union government on a plea filed by the mother of Agniveer Murali Naik, who was killed in cross-border shelling in Jammu and Kashmir during Operation Sindoor, challenging the denial of benefits to which a regular soldier’s family is entitled.
Bench Fixes Hearing In January
A bench of Justices Ravindra Ghuge and Ashwin Bhobe issued notice to the Union Ministry of Defence and kept the matter for hearing on January 15.
Agniveer Killed In Poonch Shelling
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.
Plea Seeks Parity In Posthumous Benefits
The plea, filed through advocates Sandesh More, Hemant Ghadigaonkar and Hitendra Gandhi, 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.
Challenge To Discriminatory Classification
Petitioner Jyotibai 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.
Exclusion From Pensionary Benefits Questioned
The petition argued that the family has been deprived of long-term pensionary and welfare benefits solely because Naik served as an Agniveer.
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“The Agnipath scheme introduced by the government expressly excludes Agniveers from post-service pension benefits and other long-term welfare entitlements normally available to regular soldiers,” the plea stated.
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