Constitution of India – Art.12 – The appellants are employees of the Air Force Group Insurance Society – The pay scales of the workers were sought to be revised in accordance with the Sixth Pay Commission of the Government of India – Writ petitions – High Court held that that the Air Force Group Insurance Society could not be treated as “State” or “other authority” within the meaning of Art.12 of the Constitution of India, therefore the writ petitions filed were not maintainable – Correctness:
Held: In view of this Court, a perusal of the documents make out a case for AFGIS to be considered ‘State’ within the meaning of Art.12 – The Hon’ble President of India granted sanction for AFGIS to be established and also specifically approved the deputation Rules – When the aspect of administrative control is examined, it is seen that all the members of the Board of Trustees, so also the Managing Committee are serving members of the IAF and are deputed to AFGIS for a fixed period – In essence, therefore, the administration of the Body is entirely in the hands of Government servants even though the body itself is a purportedly private, a self-contained society – This Court is of the considered view that AFGIS does indeed perform a public duty – The protection and welfare of armed forces personnel is a core government function – Providing insurance coverage is a public function as it addresses a collective obligation the State has towards a defined public class whose service is indispensable – Insurance to service members is a critical instrument for safeguarding their physical, mental well-being, dignity and economic security – It is also seen that at one-point AFGIS itself claimed to be Government while claiming an exemption from service taxes, since it is under the control of Ministry of Defence – Thus, AFGIS would be ‘State’ under Art.12 – The writ petition before the High Court accordingly, maintainable – The said writ petition on the grievance of the appellants is restored. [Paras 15, 17-19]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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