Mumbai, Nov 26: The mother of Agniveer M. Murali Naik, who was killed in cross-border shelling during Operation Sindoor, has approached the Bombay High Court challenging the Centre’s decision to deny her family the full benefits that are ordinarily granted to the kin of regular soldiers.
Petitioner Says Agnipath Scheme Creates Arbitrary Distinction
In her plea, 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.
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.
Petition Filed Through Legal Team; Scheme Denies Long-Term Benefits
Filed through advocates Sandesh More, Hemant Ghadigaonkar, and Hitendra Gandhi, the petition argues that the family has been deprived of long-term pensionary and welfare benefits solely because Naik served as an Agniveer.
“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 states.
Family Granted Ex-Gratia but Denied Pension, Welfare Support
According to the petition, while the family of a martyred Agniveer is granted an ex-gratia of around ₹1 crore, they are denied regular family pension and institutional welfare support that helps sustain families of fallen personnel in the long term.
It notes that Agniveers “perform the same duties and face the same dangers” as regular soldiers, making the differentiation “unreasonable, arbitrary, and violative of fundamental rights.”
Plea Seeks Parity in Benefits, Recognition and Support
The plea seeks directions to ensure equal posthumous benefits, including pension, recognition, and welfare measures, for Agniveers who die in the line of duty. It also urges the authorities to consider extending these benefits specifically to Naik’s family.
Mother Earlier Wrote to Authorities But Received No Response
Naik was recruited into the Army in June 2023. After his death, his mother wrote to various government authorities seeking parity in benefits but has not received any response so far, the petition claims.
“The petitioner’s limited plea is that the executive, under the Agniveer Scheme, cannot withhold or curtail the rights and support ordinarily extended to the families of fallen soldiers,” the plea asserts.
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Petition Calls Classification Unconstitutional
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. The matter is expected to be listed in due course.
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