Delhi HC asks ASG to take instructions on condition of service if an Agniveer selected after 4-years

New Delhi [India], December 12 : Noting an important point in relation to the Agnipath scheme, the Delhi court on Monday asked the Additional Solicitor General (ASG) to take instructions on the condition of service if an Agniveer is selected after the four years of service.
The bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad granted time to ASG Aishwarya Bhati to take instructions on the point of seniority and other service condition if an agniveer selected in the force after a period of 4 years of service after Agniveer.
ASG Bhati was granted time to apprise the bench on this aspect. This issue was raised by Advocate Ankur Chibber during his arguments.
The matter is listed on Wednesday for further arguments on the batch of petitions.
During the argument, advocate Ankur Chibber who is appearing for the petitioner in PIL argued that there cannot be a disparity in salary. The entry-level in force is sepoy. An Agniveer would get less salary than a sepoy. There should be an equal salary for equal work.
He also raised another point saying that an Agniveer would have to join afresh if he is selected after a period of 4 years of service. His past 4 years of experience won't be counted. It will affect his seniority and other benefits.
Advocate Kumud Lata, the counsel for Harsh Jay Singh argued that the tenure of service is 4 years. Agniveer would not be entitled to a gratuity.
Justice Subramonium Prasad said, don't join it. There is no compulsion.
She also raised a point that there is no provision for pension for agniveers. She also referred to other countries including the USA, Russia, and Israel during her arguments.
Justice Prasad said, "It is a new scheme which gives an option to a young man to get training. After that, he can go and do any job. Moreover, it is not compulsory."
Another advocate, who has served in the army for 21 years, submitted that the period of training and tenure of the service is short, so what quality the force will get if training is too short?
"There is physical and arms training which requires at least one year. The sense of belonging develops over a period of time. The soldiers give respect and get respect over the period of time they spend in the force. The governmnet did not take feedback from the unit level which operates at the ground. The government should reconsider it," he submitted.
During the earlier hearing, rucksack also happened in Agnviveer matter.
A huge number of people joined the Video conferencing (VC) link and made derogatory remarks/held intense chats without realising that their mics were on. Their murmuring voices were continuously heard in VC. One person also opened cameras without wearing a shirt.
The Central Government through its reply has informed the Delhi High Court that no prejudice has been caused to any of the candidates who had participated in the earlier recruitment process. Centre has filed a consolidated reply copy in a batch of petitions challenging the Agnipath Scheme regarding the recruitment in Armed forces.
Furthermore, it is pertinent to mention here that recruitment in the 'armed forces' stands on a completely different footing viz-a-viz employment in public offices, as it constitutes an essential sovereign function, which directly relates to the maintenance of national security. Therefore, the Central Government in the exercise of its sovereign power and to effectively and efficiently safeguard the security and integrity of the country is duly empowered to change the policy providing the mode and methods/service conditions of the persons who are to be employed in the armed forces, stated the affidavit.
The Delhi High Court on the last date of the hearing had asked the Centre Government through concerned Ministries to file a consolidated response in a batch of petitions challenging the Agnipath Scheme in regards to the recruitment in Armed forces.
Earlier, the bench refused to put a stay on the Agnipath Scheme and said if petitioners get success in the case, they will get it. We will not pass any stay or interim order and will hear the case finally, added the bench.
A petition challenging the scheme stated that the announcement of the scheme has caused nationwide protests in Bihar, Uttar Pradesh, Telangana, Haryana, Uttarakhand, West Bengal and various other states due to the short-term duration of the scheme in the Indian Army for four years coupled with future uncertainties of the trained 'Agniveers'.
The Union Cabinet on June 14, 2022, approved a recruitment scheme called for Indian youth to serve in the three services of the Armed Forces called Agnipath and the youth selected under this scheme will be known as Agniveers. Agnipath allows patriotic and motivated youth to serve in the Armed Forces for a period of four years. The Agnipath Scheme has been designed to enable a youthful profile of the Armed Forces.