Holding

The circular dated 3‑June‑1969 is a valid exercise of governmental power aimed at equitable job opportunities and does not confer permanent status or State Government employee benefits on volunteers.

Summary

The State of West Bengal issued a 1969 notification that volunteers of the West Bengal National Volunteer Force would be deployed for a maximum of three months at a stretch, after which a fresh batch would be called up, creating a rotational system. A group of volunteers challenged the circular, arguing that it was arbitrary, denied them permanent employment, and that they should enjoy the same service conditions as police constables. The Calcutta High Court initially dismissed the petition, but a Division Bench set aside the circular, holding that volunteers were effectively permanent employees entitled to regular work and benefits. On appeal, the Supreme Court examined the provisions of the West Bengal National Volunteer Force Act, 1949 and its Rules, concluding that the Act intended only a standby volunteer force for emergencies and did not confer permanency or parity with government employees. The Court held that the circular was a valid, non‑arbitrary measure to provide equitable job opportunities and that volunteers are not entitled to the status or benefits of State Government employees. Consequently, the Division Bench’s order was set aside and the State’s appeal was allowed.

Issues considered

Whether the 1969 circular imposing a three‑month rotational deployment of National Volunteer Force members is arbitrary, illegal, and violative of their right to permanent employment.
Whether members of the West Bengal National Volunteer Force are to be treated as employees of the State and entitled to the same service conditions as police constables.
Whether the West Bengal National Volunteer Force Act, 1949 envisages permanency for volunteers.

Subjects

Volunteer ForceRotational deploymentEmployment permanencyPublic servant statusPolice constable equivalenceArbitrary exercise of powerService conditions

Judgment

.... "'
A STATE OF WEST BENGAL AND ORS.
v.
JIBAN KRJSHNA DAS AND ORS.

APRIL 29, 2002

B [S. RAJENDRA BABU, K.G. BALAKRJSHNAN AND
P. VENKATARAMA REDDI, JJ.]

West Bengal National Volunteer Force Act, 1949: Sections 3, 4, 8(5)(a)
and JO.
c
West Bengal National Volunteer Force Rules, 1949: Rule 3.

State of West Bengal-National Volunteer Force-Government
Notification dated 3.6.1969-Rotational system of duty for 3 months for
volunteers-Held valid-Members of Volunteer Force-Not entitled to parity
D of status and other benefits given to State Government employees.

The State of West Bengal issued a Notification dated 3.6.1969
whereunder a rotational system of duty was provided for volunteers recruited
under the West Bengal National Volunteer Force Act, 1949. As per this
E Circular, a volunteer was to be deployed for duty for a period of3 months at
a stretch and if the services of such volunteer were required beyond the period
of 3 months, a fresh batch of volunteers was to be called up and deployed on
duty. Respondent-volunteers filed a writ petition in the High Court challenging
the validity of the Circular contending that rotational system denied them
opportunity of employment. They claimed permanent status and parity of
F ~ervice corditions with Police Force on the ground that they too were ..
discharging duties similar to those of Police Con~tables. A single Judge of the
High Court dismissed the Petition. On appeal, the Division Bench of the High
Court held that the impugned Notification was arbitrary and illegal. It held
that the members of the National Volunteer Force were under the employment
of the Government and that they were entitled to get that status and other
G
benefits as the employees of the State Government were getting. They were
entitled to get regular work and not work on rotational system.

In appeal to this Court, it was contended on behalf of the appellant-
State that the West Bengal National Volunteer Force Act, 1949 envisages only
•
H 542
STATE. v. JJBAN KRISHNA DAS 543

the creation of a Volunteer Force and the members of the Force were not to A
·be treated as on par with the members of the Police Force or any other para
military service.

Allowing the appeals, the Court

HELD: J. The Circular dated 3.6.1969 was intended to give job B
opportunities to more and more people in an equitable manner. It is not an
illegal or arbitrary exercise of power. The Division Bench was not justified
in setting aside the impugned circular. [548-D, E]

2. On a close perusal of the provisions of the West Bengal National
Volunteer Act, 1949 and West Bengal National Volunteer Force Rules, 1949 C
it is clear that the members of the West Bengal National Volunteer Force were
recruited to create a Volunteers Force and the provisions of the Act never
intended to give permanency to the members of the Force. Their services were
in fact required to meet emergent situations. Merely because the members of
the Force have to be treated as public servants and their duties are to be D
regulated by some prescribed code of conduct, it cannot be said that they will
have to be treated as Constables of the Police Force. Therefore, the direction
of the Division Bench to give status an_d other benefits as employees of the
State Government was not legal. It is also not correct to say that the members
of the West Bengal National Volunteer Force are entitled to get permanency.
As per the provisions of the Act, the members of the Force can continue upto E
the age of 60 years, provided their services are required by the authorities.
[546-H; 547-A-C]

State of West Bengal and Ors. v. Hari Narayan Bhowal and Ors., [1994] 4
sec 78, relied on.
F
CIVIL APPELLATE JURISDICTION Civil Appeal No. 1468 of
1995.

From the Judgment and Order dated 9.6.93 of the Calcutta High Court
in A. from 0.0.T. No. 1210 of 1990.
G
WITH

. C.A. Nos. 1469-78 of 1995 .

B. Sen, K.R. Choudhary, M.N. Krishnamani, D.K. Sinha, S. Mishra,
S.K. Bhattacharjee, Salil Kumar Sarkar, Rana S. Biswas and Rana Mukherjee, H
544 SUPREME COURT REPORTS [2002] 3 S.C.R.

A for Mrs. Sumita Mukherjee, for the appearing parties.
The Judgment of the Court was delivered by

K.G. BALAKRISHNAN, J. For the protection of the boundaries of
the border districts and also to give training to some citizens in the use of
B fire-arms so that their services could be used during the period of an
emergency, a National Volunteer Force was constituted in West Bengal. For
that purpose, the West Bengal National Volunteer Act, 1949 (for short, "the
Act") was enacted in 1949. The Volunteer Force was known as "West Bengal
National Volunteer Force". Section 4 of the Act says that a volunteer, when
C called upon for duty, shall discharge such functions in relation to the protection
of persons, the security of property and the preservation of the public peace
in any area within West Bengal and such other functions as may be assigned
to him. Every volunteer has to undergo a preliminary and periodical training.
The West Bengal National Volunteer Force Rules, 1949, have also been
framed under the Act. The conditions of recruitment are prescribed under
D Rule 3. Initially, the period of enrolment in the Force was for three years
from the date on which the recruit received the certificate of enrolment.
Later, this period was increased to ten years in 1987. Still later, the time limit
was removed, but upper age limit of 45 years was prescribed. Now, by
subsequent amendment, the upper age limit is fixed at 60 years. It seems that
the total number of the volunteers had increased to thirteen thousand and odd
E and the services of all of these recruits were not required by the State. In
order to regularise their services and to give opportunity to more and more
persons in an equitable manner, a Notification was issued by the State Govt.
in the year 1969. The circular issued is to the following effect :

"Undersigned is directed to say that with a view to giving opportunity
F to all the Trained Volunteer of the West Bengal National Volunteer
Force on the standing list to gain practical experience in discharging ....
.-
the duties assigned to them a batch of National Volunteer Force.
Volunteers called up under Section 10(1) or under Section IOA(I) of
the West Bengal National Volunteers Force Act, 1949, and deployed
G for duty should not be retained for more than 3 months at a stretch.
If the services of such volunteers are required beyond the period of
3 months, a fresh batch of volunteers should be called up and deployed
on duty, there should thus, in. such cases, be a regular rotation of
National Volunteers Force personnel called up for duty for every
three (3) months."
H
STATE. v. JIBAN KRISHNA DAS [K.G. BALAKRISHNAN, J.] 545

As per the circular, a volunteer is to be deployed for duty for a period A
of 3 months at a stretch and if the services of such volunteer are required
beyond the period of three months, a fresh batch of volunteers should be
called up and deployed on duty and in such a way the rotational system was
to be implemented.

The above Notification was challenged by a group of volunteers by B
filing a writ petition before the High Court of Calcutta. These volunteers
contended that the Notification issued by the State Govt. was an arbitrary and
illegal exercise of power and the volunteers were denied employment. It was
contended that though it is called a Volunteer Force, they were discharging
duties of Police Constables and therefore, they were entitled to the same C
service conditions that are applicable to the police force and that once a
volunteer was enrolled in the Force and received a certificate, he shall not be
denied employment and that the rotational system denied opportunity of
employment to these volunteers. It was argued that the petitioners had joined
the National Volunteers Force and when they had been continuing in the
Force for several years, it was too late in the day to say that they were not D
entitled to get 'permanent' status. The learned Single Judge rejected this
contention and held that this was only a Volunteer Force and the rotation
system was intended to give opportunities to more and more members of the
Force. The decision of the learned Single Judge was challenged before the
Division Bench and the Division Bench of the Calcutta High Court held tnat E
even though the Force is termed as "Volunteer Force", the same was not
voluntary at all and once a volunteer accepts a certificate under the Rules, he
becomes a permanent member of the Force and he is bound to carry out any
order of the higher authorities. It was held that the petitioners in the writ
petition had rendered more than 240 days and they are entitled to get
permanency. The Division Bench held : F
"We are of the view that the appellants were entitled to be regularized
and are entitled to regular work and not on rotational basis.
Accordingly, we hold that the members of the National Volunteers
Force are held to be under the employment of the Government and
that they are entitled to get that status and other benefits as an employee G
of the State Government are getting and are entitled to get regular
work and not work on rotational system which had been introduced.
The circular in question by which the rotational system has been
introduced is declared arbitrary and illegal and not binding upon the
members of the Force."
H
546 SUPREME COURT REPORTS [2002] 3 S.C.R.

A The above decision of the Division Bench is challenged before us in
these appeals by the State of West Bengal. We heard learned counsel on both
sides.

The counsel for the appellants contended that the Statute, namely, West
Bengal National Volunteer Force Act, 1949 envisaged only the creation of a
B Volunteer Force and the members of the Force are not to be treated as on par
With the members of the Police Force or any other para military service. The
preamble of the Act reads as follows :

"WHEREAS it is expedient and necessary to provide for the
constitution of a National Volunteer Force in West Bengal by
c enrolment therein of the citizens of India or persons having pennanent
domicile in West Bengal who may .offer themselves for such enrolment
for service during a period of emergency and for such other purposes
as the State Government may think fit."

D Section 3 of the Act says that West Bengal National Volunteer Force
shall be under the control and superintendence of the Inspector General.

Section 4 says that a volunteer of the Force when called upon for duty,
shall discharge such functions in relation to the protection of persons, the
security of property and the_ preservation of the public peace in any area
E within West Bengal and such other functions as may be assigned to him
under the Act. The Act further provides that every volunteer shall undergo
preliminary training and every person enrolled as volunteer under the Act is
entitled to receive a certificate of 'discharge in the prescribed fonn on the
expiration of the perio!f for which he was enrolled. Section 8 (5) (a) says that
F the prescribed authority can suspend, discharge, dismis~ or remove any "'
volunteer from his office and the prescribed authority can also disband any
unit constituted under the Act. Section I 0 prescribes the mode in which the
prescribed authority may at any time call upon any volunteer for discharging
any function assigned to him anywhere in West Bengal and the Commissioner
of Police in Calcutta or the District Magistrate elsewhere, at any time, call
G upon the District or Unit Commandant to mobilize any unit or a detachment
of a unit for the purpose of maintenance of law and order.

Rules have also been framed prescribing the mode of recruitment, the
nature of enrolment and training under the Act.

H On a close_ perusal of the provisions of the Act and Rules, it is clear that
y

STATE. v. JIBAN KRISHNA DAS [K.G. BALAKRISHNAN, J.] 547
. the members of the West Bengal National Volunteer Force were recruited to A
create a volunteers force and the provisions of the Act never intended to give
permanency to the members of the Force. Their services were in fact required
to meet emergent situations. Merely because the members of the Force have
to be treated as public servants and their duties are to be regulated by some
prescribed code of conduct, it cannot be said that they will have to be treated
as Constables of the Police Force. Therefore, the direction of the Division B
Bench to give status and other benefits as employees of the State Govt. was
not legal. It is also not correct to say that the members of the West Bengal
National Volunteer Force are entitled to get permanency. As per the provisions
of the Act, the members of the Force can continue upto the age of 60 years,
provided their services are required by the authorities. c
The counsel for the appellants pointed out that the respondents are not
regularly recruited Govt. employees and they are not entitled to get equal pay
or other service benefits, which are available to Govt. employees. It was also
pointed out that the conditions for recruitment to the Volunteer Force are also
totally different and no educational qualification as such is prescribed for D
enrolment in the Volunteer Force and that even students can get themselves
enrolled in the Force. Whether the members of the Volunteer Force are
entitled to get equal pay and other benefits which are available to the
Constables under the West Bengal Police Force was considered by this Court
in State of West Bengal and Ors. v. Hari Narayan Bhowal and Ors., [1994]
4 SCC 78. This Court held that the West Bengal National Volunteer Force
E
is a Force of volunteer and when called upon for duty, a volunteer has to
discharge such functions in relation to protection of persons, the security of
property and preservation of the public peace in any area within West Bengal
and such other functions as may be assigned to him. The whole concept of
.; the National Volunteer Force is different from that of Police Force and in F
respect of the Volunteers it can be said that it is a standby Force, not only
for law and order but for different emergencies, to aid and help the regular
Police Force or members of other Services. It was held in paragraph 13 as
under:

"On the material on record, it is difficult to hold that the respondents G
who had been enrolled as volunteers under the West Bengal National
Volunteer Force Act, belong to the class of Constables, under the
West Bengal Police Force and to treat them separately in matters of
fixation of scale of pay, amounts to vio\ating Article 14 of the
Constitution. According to us, they form two different classes in public
H
~'·

548 SUPREME COURT REPORTS (2002) 3 S.C.R.

A service. In this background, the High Court was in error in treating
them at par with the Constables of the West Bengal State Police
Force."

Therefore, the direction of the Division Bench that the members of the
National Volunteer Force are entitled to get status and other benefits as
B employees of the State Govt. is .not correct and the members of the National
Volunteer Force are not entitled to get the service benefits which are available
to the employees of the State Govt.

The counsel for the respondents pointed out that after the issuance of
the circular dated 3.6.1969, several members of the Force had attained the
c age of 60 years and the total number of members in the Force has decreased
and that the total number of posts available being about eleven thousand and
odd, no rotation system as such is required and all the members can be given
service for the entire year. It is submitted that from the year 1984 enrolment
to the Force itself was stopped and only few hands were recruited and,
D therefore, job opportunities are available to the existing members.

All these are matters to be looked into by the authorities. However, we
are of the view that circular dated 3 .6.1969 was intended to give job "'
opportunities to more and more people in an equitable manner. We do not
think that it is an illegal or arbitrary exercise of power. The Division Bench
E was not justified in setting aside the circular dated 3.6.1969. Therefore, these
appeals are allowed and the directions of the Division Bench are set aside.
The appellants are at liberty to enforce the circular dated 3.6.1969.

There will be no order as to costs.

F T.N.A. Appeals allowed.