His mother filed a petition demanding that he be granted posthumous benefits, just like regular soldiers who were ‘martyred’ in the war.
ऑपरेशन सिंदूर में मारे गए अग्निवीर मुरली(23 वर्ष) की मां की याचिका पर मोदी सरकार ने HC में कहा ‘अग्निवीर को सेना के शहीद जैसा दर्ज़ा नहीं मिल सकता’
The Central Government has clarified that since Agniveers do not hold the status of regular soldiers, their families cannot claim pensionary benefits equivalent to those of regular soldiers in the event of their death during war or military operations.
The Central Government provided this clarification to the Bombay High Court in an affidavit filed in response to a petition submitted by the mother of Agniveer Murali Naik, who was killed during ‘Operation Sindoor’.
During a hearing held on April 22, 2026, the Bombay High Court had reprimanded the Central Government for the delay in responding to Murali Naik’s mother’s petition and had also warned of imposing a heavy fine.
Subsequently, on May 6, 2026, the Central Government filed an affidavit in response to the petition submitted by Jyotibai Naik.
What does the affidavit state?
In the affidavit, the Central Government has asserted that the classification distinguishing regular soldiers from Agniveers is constitutionally valid. The ‘Agniveer Scheme’ is a short-term recruitment initiative designed with current national security requirements in mind.
The affidavit clarifies that the tenure of service for Agniveers is four years. The status of Agniveers is not identical to that of regular soldiers.
“The pensions and other benefits accorded to regular soldiers are linked to their duration of service. Therefore, parity between individuals belonging to these two distinct categories is not feasible.”
This classification aligns with the objectives of the Agniveer Scheme and is valid under Article 14 of the Constitution. Consequently, there is no violation of the fundamental Right to Equality enshrined in the Constitution, as the Armed Forces are governed by a distinct statutory framework.
The affidavit further states that pensionary benefits and other emoluments granted to regular soldiers are reserved exclusively for long-serving personnel of the Armed Forces. Agniveers are provided with all financial and terminal benefits applicable to them under the ‘Agnipath Scheme’.
Specific rules have been formulated regarding appointments under the ‘Agnipath Scheme’. These rules do not include provisions for pensions or other such benefits. The affidavit states that a specific sum has been earmarked for martyrs and that they are accorded due honors.
Furthermore, in the affidavit, the Central Government has informed the court that compensation amounting to ₹2.3 crore has been disbursed to the late Agniveer Murali Naik. The affidavit also notes that he has been officially declared as “killed in action,” and clarifies that the term “martyr” is not used within the Armed Forces.
Murali Naik was accorded a funeral with full military honors; moreover, consistent with the protocol for regular soldiers, his family has received a condolence letter from the Commanding Officer of his regiment.
Additionally, the Naik family has been provided with all financial and terminal benefits stipulated under the Agnipath scheme. This includes compensation totaling approximately ₹2.3 crore, comprising insurance coverage and other compensatory payouts.
Concurrently, the affidavit also addresses controversies that have arisen regarding the cases of other Agniveers. Reference is also made within the affidavit to past judgments and legal arguments delivered by the Supreme Court concerning Agniveers.
Consequently, it remains to be seen what arguments Murali Naik’s mother and her legal counsel will now present in response to the affidavit submitted by the Central Government. The Naik family’s lawyers have stated that they will conduct a thorough legal examination of the affidavit and present their counter-arguments in court.
The next hearing for this matter is scheduled to take place at the Bombay High Court on June 18, 2026.
Why did the High Court reprimand the Central Government?
Agniveer Murali Naik lost his life in an exchange of fire in Jammu and Kashmir during “Operation Sindoor” in May of last year.
His mother had filed a petition demanding that he be accorded posthumous benefits on par with regular soldiers who are designated as “martyrs” killed in action.
During a hearing on April 22, the Bombay High Court reprimanded the Central Government for the delay in filing a response to the petition and issued a stern warning regarding the imposition of a heavy fine. A bench comprising Justice Ravindra Ghuge and Justice Hiten Venegaonkar granted the Central Government time until May 6 to file an affidavit in response to this petition.
The Court noted that notices had been issued to the Central Government in December of last year, and again in January, yet no response had been filed.
Justice Ghuge issued a stern warning to the Central Government: “This petition has been pending since last year. In a letter addressed to the government in July of last year, the petitioner had already articulated the issues raised in this petition. It is imperative that a response be filed in the form of an affidavit. If the response and affidavit are not filed by the next scheduled date, we will impose a heavy fine.”
The Court further stated that no further extensions would be granted.
What does the petition state?
In the petition filed through advocates Sandesh More, Hemant Ghadigaonkar, and Hitendra Gandhi, Murali Naik’s mother argued: “Agniveers perform duties identical to those of regular soldiers and face the very same perils; yet, the families of those recruited under this short-term recruitment scheme are deprived of long-term pensions and other welfare benefits.”
Murali’s family has been residing together in Ghatkopar, Mumbai, for the past 40 years. (Image)
The petition further asserts that “the Agnipath scheme, introduced by the government, explicitly denies Agniveers post-service pensions and other long-term welfare benefits that are typically available to regular soldiers.”
According to the petition, it was noted that the Naik family received an ex-gratia payment of approximately one crore rupees; however, they were not granted a regular family pension or any other benefits.
The petition seeks a directive from the Court to the government…
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