JUDGMENT :

Suresh Kumar Kait, J.

1. The above captioned first petition [W.P.(C) No. 5024/2017] has been filed by the petitioners who are aggrieved of oral order dated 17.05.2017 and notice dated 22.05.2017; whereby respondent - Air Force Group Insurance Society (‘AFGIS’) notified the Revised Terms and Conditions of Service of AFGIS, 2017 and has sought acceptance to it from all the employees within seven days of its issuance. A prayer is made to declare the impugned Revised Terms and Conditions of Service of AFGIS, 2017 as unconstitutional, ultra vires and arbitrary. A direction is sought to respondent-AFGIS to withdraw the Rules of 2017 and apply Air HQ NPF employees-1993 Rules, as modified from time to time and to grant benefit of Sixth and Seventh Pay Commission w.e.f. 01.01.2006 with arrears. The background of these petitions is as under:-

W.P.(C) No. 5024/2017

(a) The petitioners claim to be working on different posts in Air Force Group Insurance Society, which according to them is governed by the Board of Trustees of Air HQ being Air Officer in Charge Administration as the Chairman; AOP, DCAS, DG (I&S) and AOM as the members and PD AFGIS as Member Secretary. Besides, the day to day running of the AFGIC is carried out by four officers deputed from Indian Air Force deputed in AFGIC as Principal Director, Secretary, Joint Director (Finance) and Joint Director (System) and civilian staff, who are paid salaries from Air Force Group Insurance Fund. According to petitioners, the Govt. of India granted sanction to AFGIC to run departmentally by Air Headquarters as self run scheme under the age is of AOA’s Branch w.e.f. 1976 and the expenditure of the salary and wages of the employees shall be paid from Group Insurance Funds with the concurrence of Ministry of Finance

(b) The petitioners, who are working on different posts, have claimed that their pay scales have from time to time been fixed as per recommendations of the Fifth and Sixth Pay commission by the Central Government, including grade pay and other allowances, like Dearness Allowance, House Rent Allowance, Children Education Allowance, Festival Advance, House Building Allowance and personal loan etc.

(c) The petitioner are aggrieved that though in the Special Meeting of Board of Trustees of AFGIC held on 27.12.2016 it was decided to implement the recommendations of Sixth pay commission and pay the arrears; however, vide special meeting vide Air HQ/27803/2/2016/2/GIS/Secy dated 13.02.2017 the Board of Trustees held that “fixation of pay and allowanced of AFGIS employees in future be done in such a manner that there is no direct linkage with the Pay structure of the Central Govt employees and presumed parity must be done away with so that automatic demand of pay parity with CPC is obviated.”. Thereafter, a notice dated 22.05.2017 was issued to all the employees on 22.05.2017 to sign their acceptance to the said revised terms.

(d) The petitioners have pleaded that the revised terms and conditions of service of AFGIS employees pursuant to meeting dated 13.02.2017, does not only affect the pay scales, leave pattern, loss of MACP to the employees but also under Clause-51 thereof, the employees can be terminated by giving one month’s notice.

(e) The petitioners have pleaded that by revising the terms and conditions in 2017, the respondent No.3 is denying the benefit of recommendations of Seventh Pay Commission. It is pleaded that by arbitrarily and illegally changing the terms and conditions, respondent No.3 is trying to have unlimited powers to control the employees. Thus, quashing of impugned Revised Terms and Conditions of Service of the Staff, 2017 dated 13.02.2017 are sought to be set aside and recommendations of the Sixth and Seventh Pay commission of the Central Government, are sought to be implemented.

2. The above captioned second petition [W.P.(C) No. 16428/2022] has been preferred by petitioner-Vinod Kumar, who is working on the post of Assistant AFGIS and is aggrieved of imp