STATE OF WEST BENGAL AND ORS. versus JIBAN KRJSHNA DAS AND ORS.

Citation: [2002] 3 S.C.R. 542 · Decided: 29-04-2002 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Appeal(s) allowed
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Judgment (excerpt)

"
A 
ST ATE 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) 
c and JO. 
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 
D volunteers-Held valid-Members of Volunteer Force-Not entitled to parity 
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 
F 
opportunity of employment. They claimed permanent status and parity of 
~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 
G of the Government and that they were entitled to get that status and other 
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. 
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. 
WITH 
C.A. Nos. 1469-78 of 1995 . 
B. Sen, K.R. Choudhary, M.N. Krishnamani, D.K. Sinha, S. Mishra, 
F 
G 
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 wa
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