After High Court nudge, Maharashtra agrees to grant Rs 1 cr benefits to Major Anuj Sood’s kin as ‘special case’

A division bench of Justices Girish S Kulkarni and Firdosh P Pooniwalla had been hearing a plea by Aakriti Sood, the widow of late Major Anuj Sood, seeking monetary benefits for the family, including monthly allowances, under the policy of the state government as per two Government Resolutions of 2019 and 2020.

Major Sood laid down his life on May 2, 2020, while rescuing civilian hostages from terrorist hideouts. He was posthumously awarded the Shaurya Chakra.

On Wednesday, Saraf informed the bench that the state government on April 15 considering petitioner’s cause and in light of court’s observations, passed a Government Resolution (GR) granting monetary benefits to the family as a special case.

He submitted that the state has decided to grant financial benefit of Rs 60 lakh to Aakriti Sood, wife of Anuj, and Rs 40 lakh to Chandrakant Sood, father of the deceased.

Moreover, the government has decided to grant the monthly allowance of Rs 9,000 to Aakriti under the Maharashtra Gaurav Puraskar Yojana.

“We highly appreciate the stand taken by the Chief Minister as also the state government in considering the petitioner’s case as a special case and granting such benefits. We also appreciate the fair stand taken by AG Saraf and his valuable intervention in present proceedings,” the bench noted in its order.
“These are real human agonies where we should do something. There are always exceptions,” Justice Kulkarni orally remarked.

Aakriti Sood, through senior advocate Ashutosh Kumbhakoni and advocate Sneha S Bhange, had told the bench that the family has a house in Maharashtra and always intended to settle in the state. Aakriti said that documents showed his willingness to reside in Pune.

However, the state’s communication of August, 2020, conveyed that Major Anuj Sood could not be given the benefits as the criteria was that the person should be a domicile of Maharashtra for 15 years or be born in the state.

The state government’s counsel on April 12 had submitted that Chief Minister Eknath Shinde could not take a decision in the matter as a “special case” as directed by the court earlier, since it would require a policy decision and has to be considered by the Cabinet, which is not currently available. The Court had sought the state’s affidavit in the matter.

“Under prevailing policy, it is not possible for the state government to grant benefits to the widow of Major Sood, who has sacrificed (his) life for the country,” the state had submitted. The HC had expressed surprise over the government “shirking responsibility” in the matter.

Earlier on March 28, after the government lawyer submitted that the decision could not be taken due to the upcoming 2024 Lok Sabha polls, the bench expressed disagreement and said the model code of conduct should not come in the way of the said decision.

Govt referred to 2 GRs

In a decision taken on April 15, state General Administration Department (GAD) referred to August 2, 2019 GR providing assistance to heirs or dependants of “soldiers who fell in war under extenuating circumstances or operations related to security in the country, in encounters/missions outside the country as well as heirs of soldiers of state’s Border Security Force and other similar forces of the state who were killed in operations related to security in the country.”

As per the said GR, Rs 1 crore financial assistance is provided to the kin of the said soldier.

The state government said that in view of the orders passed by the HC and August 2, 2019 GR, Aakriti Sood is eligible for financial assistance along with the father of the deceased soldier as a “special case”.

Moreover, as per January 31, 2019 GR, a monthly grant is given to widows/dependents of posthumous gallantry and service medal holders who are domiciled in Maharashtra. The government clarified that the decision was taken on sympathetic and humanitarian grounds and same should not be treated as a precedent and not dilute or disturb the government policy.