LexRAVI KHOKHAR & ORS. versus UNION OF INDIA & ORS.
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[2026] 4 S.C.R. 112 : 2026 INSC 233 Ravi Khokhar & Ors. v. Union of India & Ors. (Civil Appeal No. 3351 of 2026) 12 March 2026 [Sanjay Karol* and Vipul M. Pancholi, JJ.] Issue for Consideration Whether the Air Force Group Insurance Society (AFGIS) could be treated as “State” or “other authority” within the meaning of Art.12 of the Constitution of India. Headnotes† 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 * Author [2026] 4 S.C.R. 113 Ravi Khokhar & Ors. v. Union of India & Ors. 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] Case Law Cited Ajay Hasia and Others v. Khalid Mujib Sehravardi and Others [1981] 2 SCR 79 : (1981) 1 SCC 722; Pradeep Kumar Biswas and Others v. Indian Institute of Chemical Biology and Others [2002] 3 SCR 100 : (2002) 5 SCC 111 – followed. Zee Telefilms Ltd. v. Union of India [2005] 1 SCR 913 : (2005) 4 SCC 649; Ramana Dayaram Shetty v. International Airport Authority of India [1979] 3 SCR 1014 : (1979) 3 SCC 489 – relied on. Chander Mohan Khanna v. National Council of Educational Research and Training [1991] Supp. 1 SCR 165 : (1991) 4 SCC 578; Rajkaran Singh v. Union of India [2024] 8 SCR 516 : 2024 SCC OnLine SC 2138 – referred to. Sagarika Singh v. Union of India and Other, 2011 SCC OnLine Del 3612; Ex. Sub. Rajender Singh v. Union of India and Others, 2013 SCC OnLine Del 1598 – referred to. List of Acts Constitution of India; Societies Registration Act, 1860. List of Keywords Article 12 of Constitution; Instrumentality of State; Writ Maintainability; Deep and Pervasive Control; Air Force Group Insurance Society (AFGIS); Consolidated Fund of India; State; Practical governance; Financial control. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3351 of 2026 From the Judgment and Order dated 01.02.2023 of the High Court of Delhi at New Delhi in WP (C) No. 5024 of 2017 114 [2026] 4 S.C.R. Supreme Court Reports Appearances for Parties Advs. for the Appellant(s): Shoeb Alam, Sr. Adv., Sourav Roy, Udai Khanna, Anshu Deshpande, Pranav Bafna, Hemant Gupta. Advs. for the Respondent(s): Vikramjeet Banerjee, A.S.G., Mukesh Kumar Maroria, B Sunita Rao, P V Yogeswaran, Ms. Sakshi Kakkar, Praneet Pranav, Navanjay Mahapatra, Abhishek Khanna, Ankur Chibber, Anshuman Mehrotra, Nikunj Arora, Prahil Sharma, Vardhman Kaushik. Judgment / Order of the Supreme Court Judgment Sanjay Karol, J. Leave Granted. THE CONTROVERSY IN A NUTSHELL 2. The Appellants are employees of the Air Force Group Insurance Society1 established under the Societies Registr
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