ORDER: The existence of the National Volunteer Force Organisation relates back to the date of partition of Bengal for the purpose of protection of the border district and also for affording facilities to the people in genera] to imbibe discipline, character and learning of the use of fire arms, An organisation named Bangla Jatiya Rakshi Dal was registered Linder the Companies Act, 1948 and after the passing of the West Bengal National Volunteer Force Act, 1949 (West Bengal Act 1 of 1949), the organisation came under the direct control of the Government and it as renamed as the West Bengal National Volunteer Force fn terms Of the provisions of the Act, 1949, the State Government has been authorised to raise and maintain a volunteer force to be called as the West Bengal Volunteer Force and for that purpose enrolled persons as volunteers from Calcutta and elsewhere in the State. 2. It appears from records that recruitment was made both from the rural and urban areas and the entire training of the recruited volunteers has been modelled on military lines. So far 1,03,692 volunteers have been trained in different training centers of the State Government and at the end of the training, a volunteer is required to sign a form in accordance with the rule (9) and 9(4) of the West Bengal National Volunteer Force Rules, 1948. Initially, the statute provided for a period of 3 years during which a National Volunteer shall continue to be enrolled but subsequently, however by reason of the Amendment Acts from time to time the period of three years have been raised to total period of 10 years with a further period of 5 years. In that perspective a volunteer can continue to be deployed as a volunteer for a period of 15 years from the date of his deployment unless of course he attains the age of 45 years beyond which no volunteer can be asked to continue nor the volunteer has any right to continue as such volunteer within the meaning of the Act of 1949 as amended from time to time. 3. In this application the petitioners have challenged the decision of the State Government to employ volunteers by rotational method. As regards the deployment of the National Volunteer Force member, the principal contention of Mr. 3. In this application the petitioners have challenged the decision of the State Government to employ volunteers by rotational method. As regards the deployment of the National Volunteer Force member, the principal contention of Mr. Mukherji appearing in support of this application is that the action of the Government is totally arbitrary and it violates the salutary provisions of Art. 14 of the Constitution. In order to appreciate the contentions raised, it would be convenient to note the circular issued by the Government of West Bengal, Home Department, Defence Branch dated 3rd June, 1969. Incidentally, it is to be noted that the notification is issued by the Government Authorities in 1969 but the same have not been given effect to until very recently, The circular reads as follows "Undersigned is directed to say that with a view to giving opportunity to all the trained volunteers 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 s. 10(1) or under s. 10A (1) of the West Bengal National Volunteer Force Act, 1949 arid deployed 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 years; 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 Volunteer Force Personnel called up for duty every 3 months" 4. It is this rotational basis as regards deployment of the National Volunteer Force personnel which is under challenge in this writ application as noted above. The petitioners contended that once a force has been raised and. enrolment• certificate is given together with the training question of deployment on rotational basis does not and cannot arise. A right is said to have been created by raising the force and on completion of the training there exists an obligation cast on to the Government Authorities fur continuing employment rather than periodic employment. enrolment• certificate is given together with the training question of deployment on rotational basis does not and cannot arise. A right is said to have been created by raising the force and on completion of the training there exists an obligation cast on to the Government Authorities fur continuing employment rather than periodic employment. The petitioners contended that the members of that volunteer force performed the nature of the duties similar to that of the police constables in regular establishment but they are neither being paid in accordance with the police constable's salaries nor the service conditions are identical in nature-the nature of the functions remaining however the same. This disparity according to Mr. Mukherji is wholly unwarranted and arbitrary since equal pay for equal work is one of the well settled and well known principle of law. Mr. Mukherji further contended that question of any national deployment of the police force does not and cannot ad e in the same manner. The question of rotational deployment of the National Volunteer Force also does not and cannot arise as it otherwise violates the basic tenets of our Constitution. 5. Mr. Mukherji further submitted that being allowed by the Government Authorities to join the National Volunteer Force the younger section of the society has given up other opportunities of, life and have joined the force. Now it is too late in the day to say that they can only be deployed on rotational basis. 6. Mr. Standing Counsel with Miss Manisha Mukherji appearing for the State respondents however contended that as at present 1,03,692 volunteers have been trained but the State Government does not need so many volunteers at a time as such the deployments on rotational basis have been thought of and the same neither infringes the provisions of the Art. 14 of the Constitution nor the same can be ascribed to he illegal or contrary to the known principles of law. 7. Mr. A.P. Chatterji, appearing for the Union and supporting the cause for the State respondents, however, submitted that on a closure scrutiny of the Act including the title of the Act, there cannot be any manner of doubt that the volunteers cannot be in Government employment. It was contended that the title itself suggests voluteers. The statute 'being Act of 1949 as amended from time to time has not conferred any right to be employed. It was contended that the title itself suggests voluteers. The statute 'being Act of 1949 as amended from time to time has not conferred any right to be employed. They are called upon as and when situation warrant, such a step and by reason therefor, no monthly salary is paid and deployment takes place from the initiation of the Act of 1949 on daily allowance basis and as at present their allowance is to the extent of Rs. 2671 per day though the same is being paid monthly upon calculations being made on daily basis. The amenities of a Government servant is not attached to the volunteer force neither there is any grievance to that effect as regards the vires of the legislation. Mr. Chatterji contended that because the citizens of India volunteered their services, they are enrolled as volunteers and mere enrollment does not create any right of employment. 8. While it is true that by and under the provision of the Act of 1949, enrolment ha, been effected of volunteers but the issue arises as to whether a right is said to have been created for employment opportunities by reason of such an enrolment. For the purpose of appreciation of the issue, it would be convenient if certain provision of the Act is considered in its proper perspective. 9. Section 4 provides that a volunteer when called upon for duty shall discharge such functions in relation to the protection of persons, the security of property and preservation of the public peace in and area within West Bengal and such other functions as may be assigned to him by or under the Act. 10. On proper scrutiny of the above noted provision of 1949 Act, it appears that the Legislature has deliberately used the expression "when called upon for duty" and a volunteer is supposed to discharge such functions as may be assigned to him by or under the Act. In that perspective therefore, it appears that the intent of the Legislature is clear enough not to confer any special right to discharge functions within the meaning of the Act excepting which called upon for duty. It is well settled in law that the Legislature does not the expression without any purpose or reason and when the Legislature has deliberately used the expression "when called upon for duty", a definite meaning has to be attributed therefor. It is well settled in law that the Legislature does not the expression without any purpose or reason and when the Legislature has deliberately used the expression "when called upon for duty", a definite meaning has to be attributed therefor. The proper interpretation of s. 4 therefore cannot but mean that a volunteer can discharge his function as such volunteer only when called upon for duty hut not otherwise. If that is the meaning to be attributed question of right to discharge his function independently does not and cannot arise. 11. Section 8 on which very strong emphasis has been placed reads as follows: ".........provides enrolment and removal of the member of the force" but in my view s.8 itself cannot create a right of employment. Section 4 has an overriding effect which specifically as noted above laid down the function of a volunteer. 12. At some stage of the argument, it was contended that the Legislature has not used expression 'whenever' but it has been used 'when called upon for duty'. Therefore, once they are called upon for duty, they continue to remain in employment and all the perquisites of a permanent employment remain attached to such an enrolment. In this perspective the submission of Mr, Chatterji that the title of the/legislation itself shows that no permanency can be attached thereto and I am in agreement with the contention of Mr. Chatterji that the West Bengal National Volunteer Force Act cannot but negate permanency. The statement of object and reason of the Act itself provides for service during the period of emergency or for such other purposes as the State Government may think fit. It is a volunteer force whose services may be requisitioned at such time or times as may be thought fit by the State Government. Question of giving permanent employment does not and cannot arise. The incidence of permanency is absent in the Act itself. The contention of the petitioners that the volunteer force have been asked to do the same job as that of the police personnel and therefore the principle of equal pay for equal work should be attracted, in my view cannot be sustained. The other contention as regards the applicability of the doctrine of promissory estoppel cannot also be made applicable in the facts and circumstances of the matter in issue. The other contention as regards the applicability of the doctrine of promissory estoppel cannot also be made applicable in the facts and circumstances of the matter in issue. While it is true young people got themselves enrolled in the volunteer force with the expectation of a job as has been submitted by Mr. Mukherji that by itself cannot create a right. The right must flow upon some positive assurance or from the statute. The Act of 1949 read with the rules in my view does not confer any right as such neither the assurance can be said to be of such a nature so as to attract the doctrine of promissory estoppel. The doctrine of 'promissory estoppel' has a definite connotation in legal parlance. There must be an actual change of position by reason of a representation. In the facts and circumstances, there is no representation whatsoever, neither there exists any promise for any continuity in employment. Volunteer force have been asked to continue by reason of the fact that the State Government thought it fit to allow them to continue with their deployment but there is no assurance nor a promise, neither there can be an estoppel. Enrolment and appointment of volunteer force is strictly in accordance with the provisions of the Statute and the rules framed thereunder and there cannot be any assurance for continuity in employment. The factum of daily wages and the acceptance thereof negates such an assurance or a promise. On the wake of these facts, in my view however, question of applicability of the doctrine of 'promissory estoppel does not and cannot arise. In that view of the matter, the contention as regards the applicability of doctrine of 'promissory estoppel' also fails. 13. Let us now therefore analyse the notification of the Government under which the rotational system has been introduced. Can it be said to be so arbitrary so as to be violative of the basic tenets of our Constitution and the Law Court should be within its jurisdiction to strike down the action as being arbitrary, unlawful and illegal. In my view however, the situation is rather contrary to what has sought to have been argued on behalf of the petitioners. In my view however, the situation is rather contrary to what has sought to have been argued on behalf of the petitioners. Without disturbing the force, the Government hat thought it fit to ask a specific number of persons to do the duties for a specified period and then go on for another batch. This cannot be said to be contrary to the provisions of this Act of 1949 or the rules framed thereunder. On the contrary the attitude of the Government must be laudable: as an effort is still being made to continue employment opportunities for at least some period throughout the year. In my view, the authorities are within their rights to call for those persons who are required to discharge the duties and as such the act or acts in the matter of deployment on rotational basis Cannot be said to be arbitrary neither the same can he termed to be the effect of an administrative ipse dixit. 14. During the course of submissions however, leave was obtained to file supplementary affidavits on behalf of some of the petitioner, and certain Government circulars were appended to the supplementary affidavit, wherefrom it appears that the State Government has accorded certain benefits and advantages to the members of the force which go in line with the concept of permanency viz. casual leave and medical benefits. While it is true that some benefits were accorded, out in my view conferment of some benefits to the members of the voluntary force cannot by itself create the right of permanent employment. 15. Streneous submissions have also been made on the oasis of the notification issued by the Government of West Bengal, Home Department. Defence Branch dated 12th March, 1981 bearing No. 802-HD/9F-17/80. For convenience sake the notification is set out herein below: "Administrative approval is hereby accorded to the constitution of 2nd Battalion of Bangiya Agragami Dal, West Bengal Voluntary Force comprising two companies for the present one Company (new) being raised and the other being transferred from the existing 1st (Biswakarma) Battalion;.. The new Battalion will be named 'Second (Biswakarma) Battalion. Bangiya Agragami Dal with its headquarters at Kalyani District Nadia. All personnel of these Battalions will be the whole time Government servant". 16 It is on this circular that Mr. The new Battalion will be named 'Second (Biswakarma) Battalion. Bangiya Agragami Dal with its headquarters at Kalyani District Nadia. All personnel of these Battalions will be the whole time Government servant". 16 It is on this circular that Mr. Bikash Bhattacharya appearing for some of the petitioners contended on the first count that the same is violative of Article 14 The theory of pick and choose from amongst the members of the National Volunteer Force is said to be the basis of such a creation of the 2nd Battalion of Bangiya Agragami Dal. Mr. Bhattacharya submitted that there is thus a differentiation between members of the voluntary force since members of the 2nd Battalion are deemed to be whole time Government servants the others have been left out and their entitlement being restricted only to rotational appointments. 17. On a closer scrutiny of the notification it appears that the Government has thought it tit to constitute a Battalion from amongst the members of the voluntary force. Can it to be said to be so arbitrary that the action would be deemed to be violative of Article 14 of the Constitution. In my vie\~ the answer is in the negative. Creation of 2nd Battalion by itself cannot be termed to be an arbitrary act entailing the consequences of judicial interference or intervention since the authority to create and constitute a Battalion can not be disputed by any stretch. It is for the State Government to decide for the purpose of maintaining of civil order and tranquility to raise it battalion and that by itself cannot be said to be an arbitrary act. Incidentally, however, no challenge has been thrown to the •method of employment or selection of candidate but the challenge is on a broader aspect. If the State Government thinks it fit for public interest to raise a battalion to be created from out of the members of the volunteer force that by itself cannot in my view be termed to be an arbitrary exercise of power within the meaning of Article 14 of the Constitution. 18. Considering the above, therefore, in my view there cannot be termed to be any infraction of law in the governmental action in directing rotational appointments neither the action of the State Government can be said to contrary to the provisions of the Act, 1949 or the Rules framed thereunder on the contrary. 18. Considering the above, therefore, in my view there cannot be termed to be any infraction of law in the governmental action in directing rotational appointments neither the action of the State Government can be said to contrary to the provisions of the Act, 1949 or the Rules framed thereunder on the contrary. the attitude of the Stare Government must be appreciated as a effort is still being made to continue employment opportunities for all the members of the volunteers force though may be for specified period through out the year. 19. In the result, this application fails and is dismissed. All interim orders are vacated. There shall, however, be no order as to costs. 20. It is, however, desired that the State Government should maintain the list of members of the volunteer force and employment opportunity be offered strictly as per the rotational system. 21. This order will govern all the National Volunteer Force matters, listed or unlisted, which have been assigned to this Bench. Application dismissed.