Overview
- A bench of Justices Sanjay Karol and Vipul M Pancholi ruled on March 12 that AFGIS falls within writ jurisdiction as a State instrumentality.
- The Supreme Court set aside the Delhi High Court’s February 1, 2023 order and restored the employees’ 2017 petitions, directing an expeditious decision.
- The dispute traces to AFGIS reversing a December 2016 move to align pay with Sixth Central Pay Commission scales on February 13, 2017, prompting a parity challenge.
- The Court held that protecting armed forces personnel and their families is a core government duty, making AFGIS’s insurance and welfare role a public function.
- Indicators of deep control included presidential sanction to establish the society and approve deputation rules, compulsory membership with payroll deductions, boards staffed by serving IAF officers, monthly financial reporting to senior Air Force authorities, Ministry of Defence support such as land, and AFGIS’s 2016 claim it was ‘Government’ when seeking tax exemption.