Agniveers cannot seek parity with regular soldiers in service benefits: Centre to HC

Stating that “Agniveers and regular soldiers do not constitute a homogeneous class”, the Centre said the classification is based on an intelligible differentia, including the nature of recruitment, duration of service, purpose and objective of engagement, pension structure and retention mechanism.

Mumbai: The Centre on Monday told the Bombay high court that Agniveers cannot claim parity with regular soldiers in service benefits, arguing that they constitute a distinct category of military personnel engaged for only four years under a separate policy framework.

Agniveers cannot seek parity with regular soldiers in service benefits: Centre to HC

Stating that “Agniveers and regular soldiers do not constitute a homogeneous class”, the Centre said the classification is based on an intelligible differentia, including the nature of recruitment, duration of service, purpose and objective of engagement, pension structure and retention mechanism.

“Parity in long-term institutional benefits for two individuals who are differently placed in terms of length of engagement, reserve liability and long-term threat exposure, even if they face similar threats in immediate situations, cannot be sought by comparison,” the Centre said in an affidavit.

The submission came in response to a petition filed by the mother of Agniveer M Murali Naik, who was killed in cross-border shelling at Poonch during Operation Sindoor in May last year.

The petition, filed through senior advocate Prakash Ambedkar along with advocates Sandesh More, Hemant Ghadigaonkar and Hitendra Gandhi, said that under the present policy framework, an Agniveer and his family are not entitled to any form of pension or lifelong family welfare benefits upon completion of service or in the event of death during service. It challenged the “operational consequences” of the Agnipath scheme, arguing that it denies families of Agniveers killed in the line of duty the same survivor benefits, financial security and institutional recognition available to families of regular soldiers.

“Pension is not an inherent right and can only be claimed where specifically provided by law,” the affidavit stated.

According to the Centre, regular soldiers serve for 15 years and become entitled to pensionary and other benefits upon completion of service. Agniveers, on the other hand, are recruited for a fixed tenure of four years and are not governed by pension regulations, as clarified in the government’s policy dated June 15, 2022, which excludes them from pension, gratuity, ECHS benefits and ex-servicemen status.

The Centre, however, said that both the Union and state governments had already released all admissible benefits to the petitioner’s family. These included a non-contributory insurance cover of ₹48 lakh, a one-time ex gratia payment of ₹44 lakh from public funds, full pay for the unserved portion of the four-year engagement period, and the balance accumulated in the individual’s Seva Nidhi fund along with the government’s contribution and accrued interest.

“The government accords equal respect and recognition to every individual serving the nation. However, service benefits, pensionary entitlements and welfare measures are governed strictly by the policy framework applicable to the particular category of entry,” the affidavit said, adding that the petition was misconceived and liable to be dismissed with costs.