Jatin Sharma vs Army Group Insurance Fund
2023 Latest Caselaw 649 Del

                                             NEUTRAL CITATION NO: 2023/DHC/001330




                          $~4
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          %                                             Date of decision: 23.02.2023

                          +      W.P.(C) 376/2023
                                 JATIN SHARMA                                           ..... Petitioner
                                                           Through:     Petitioner in person

                                                           versus

                                 ARMY GROUP INSURANCE FUND              ..... Respondent
                                                  Through: Ms. Anjali Vohra, Advocate.

                                 CORAM:
                                 HON'BLE MR. JUSTICE SURESH KUMAR KAIT
                                 HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

                                                      J U D G M E N T (oral)

1. A similar petition came before this Court in W.P.(C) 5024/2017 and

batch petitions and same was decided vide Order dated 01.02.2023 whereby

this Court held as under:

In the aforesaid view of the matter, we draw the conclusion that the Societies under which petitioners are employed are self-funded societies, which are formed and running for the benefit of those employees of Air Force who are its members. The petitioners have not placed any document on record to establish that these Societies are financially run by the Central Government. Even though petitioners have claimed that deduction of amount of their contribution to the Society is permitted by the Ministry of Finance and also that the land to run the Society is allocated by the Government, we find that purpose to provide aid in the form of sanction and land to the

Signature Not Verified

Digitally Signed By:SAHIL SHARMA Signing Date:24.02.2023 15:28:09 NEUTRAL CITATION NO: 2023/DHC/001330

Society is to enable it to function smoothly to the benefit of its members. However, this does not establish that these functionaries are being run by Air Force or the Central Government. These societies are running only to the benefit of its members and their functioning does not in any way affect the Air Force. These Societies are not financially, functionally and administratively dominated by or under the control of Central Government. Such control must be particular to the body in question and must be pervasive in order to establish it to fall within the ambit of „State‟ as mentioned in Article 12 of the Constitution of India.

2. In the case in hand, the respondent is a society registered under the

Societies Registration Act, 1860. The said Society is not under the financial

control of the Government or having the pervasive control over it.

3. Accordingly, the petition is fully covered by the Judgment dated

01.02.2023. Consequently, the present petition is disposed of and liberty is

granted to the petitioner to approach the appropriate forum as per law.

(SURESH KUMAR KAIT) JUDGE

(NEENA BANSAL KRISHNA) JUDGE

February 23, 2023/PA

Signature Not Verified

Digitally Signed By:SAHIL SHARMA Signing Date:24.02.2023 15:28:09