Centre opposes plea seeking parity in death benefits for Agniveers

In an affidavit filed before the high court, the central government has stated that Agniveers are not “similarly situated” as regular soldiers and hence, cannot claim parity in pensionary benefits for their next of kin

MUMBAI: The central government has opposed the petition filed by the mother of martyred Agniveer M Murali Naik, seeking parity with regular soldiers in benefits given to kin in the event of death in the line of duty.

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In an affidavit filed before the high court, the central government has stated that Agniveers are not “similarly situated” as regular soldiers and hence, cannot claim parity in pensionary benefits for their next of kin. The differentiation is constitutionally valid, as the Agnipath scheme is a short-term engagement for four years designed for present-day national security needs, while pensionary benefits and other emoluments in the armed forces are linked to long-term service, the government said in the affidavit.

Naik was killed on May 9, 2025 in Poonch, amid heavy shelling during Operation Sindoor. In the petition filed last year through advocates Sandesh More, Hemant Ghadigaonkar and Hitendra Gandh, the martyred soldier’s mother Jyotibai Naik said the Agnipath scheme created an “arbitrary” distinction between Agniveers and regular soldiers, and questioned the “discriminatory” denial of full death benefits to the family.

In its affidavit filed in response to the plea, the central government said there was no provision in the Agnipath scheme for grant of pension to the next of kin of a deceased Agniveer.

“There can be no parity between two differently placed classes of persons. The classification and differentiation have a rational nexus with the objectives of the Agnipath scheme and are therefore, constitutionally valid under Article 14 of the Constitution of India,” the government said in the affidavit.

The government further said that while the Army Act provided the historical and legal foundation for the military, the Agnipath scheme was a contemporary legislative and executive evolution. Having accepted the terms of engagement of the scheme, the deceased Agniveer’s mother could not now seek to retrospectively the service benefits given to regular soldiers, the government noted.

The government said that after Naik was declared a battle casualty, “all admissible financial and terminal benefits under the Agnipath scheme have been duly disbursed to the petitioner. The total compensation amounts to approximately ₹2.3 crore, which includes insurance cover and compensation.”

The next hearing in the case is scheduled on June 18.