JUDGMENT Banerjee, J. : This is an appeal against the judgment and order dated 26th April, 1990 passed by the learned trial Judge in C. R. No. 16533 (W) of 1984 by which the learned trial Judge dismissed the writ application filed by the appellants for an order for forbearing the respondents from refusing regular employment to the appellants-writ petitioners. It is not dispute that the appellants-writ petitioners are all members of the West Bengal National Volunteer Force and they are all enrolled under sub-Section (1) of Section 8 of the West Bengal National Volunteer Force Act, 1949, and that they are all trained members of the said force and they have completed the necessary training for the purpose of discharging their duties. On completion of the training successfully, they were given permanent Identity Cards. It is stated that upto 5 years from their enrolment they were given duties regularly where they were called for discharging the duties of Home Guard and that they were discharging their duties with the satisfaction of the Controlling Officers. It is stated that even after completion of 5 years of enrolment, the appellants were given duties from time to time as per requisition made by the Police Department with all the facilities and privileges as Home Guard. On June 23, 1983, the West Bengal National Volunteer Force Act was amended and published in the Calcutta Gazette No. 413 (111A) dated 24th June, 1983. In the said amendment the provisions of Section 8 of the West Bengal National Volunteer Force Act, 1949 for sub-section (1) were amended as below :- "Any citizen of India or any person having permanent domicile in West Bengal who may offer himself for enrolment in the force and who satisfied the prescribed conditions may be eligible for enrolment wherein by such authority in as such manner and for such period not exceeding ten years as he prescribed. Provided that every volunteer enrolled under this Act shall cease to remain under enrolment on attaining the age of 45 years." 2. None of the appellants-writ petitioners had attained the age of 45 years. It is the case of the appellants writ petitioners that they were entitled to get regular duties. The appellants-writ petitioners challenged the decision of the State Government to employ volunteers by rational method on the basis of the notification issued by the State Government in the year 1969. None of the appellants-writ petitioners had attained the age of 45 years. It is the case of the appellants writ petitioners that they were entitled to get regular duties. The appellants-writ petitioners challenged the decision of the State Government to employ volunteers by rational method on the basis of the notification issued by the State Government in the year 1969. The said 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 Volunteers Force on the standing list to gain practical experience in discharging the duties assigned to them a batch of National Volunteers Force. Volunteers called up under Section 10(1) or under Section 10A(1) of the West Bengal National Volunteers Force Act, 1949, and 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 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 3 months." 3. This rotational basis of employment of the appellants-writ petitioners was under challenge in the writ application. It was submitted on behalf of the appellants that the members of the said Force performed the nature of the duties similar to that of the Police Constable in regular establishment but they were neither being paid in accordance with the pay scale prescribed for the Police Constable nor they were given the same service condition, even though the nature of the duties and functions remaining however, the same. It was submitted that this disparity was wholly unwarranted and arbitrary since it violates the principles of equal pay for equal work. In this connection a supplementary affidavit was filed by the appellants-writ petitioners wherein it appears that in the years 1985, 1986, 1987, 1988 and 1989 each of the appellants discharged their duties in all the 365 days in each of the years and other 60 appellants discharged their duties for only 243 days in each year. On the basis of the aforesaid facts it was submitted that the appellants have discharged their duties at least for 240 days per year from 1985 to 1990. The appellants were entitled to be regularised in service. On the basis of the aforesaid facts it was submitted that the appellants have discharged their duties at least for 240 days per year from 1985 to 1990. The appellants were entitled to be regularised in service. It was further submitted that the appellants were all employed in duties which are perennial in nature. The rotational system has deprived their means of livelihood inasmuch as they get only 15 days pay in a month on an average. The learned trial Judge in the judgment dated 26th April, 1990 held that considering the object and reasons of the West Bengal National Volunteer Force Act, 1949 it appears that is a purely voluntary force whose service may be requisitioned at such time or time, as would be thought fit by the State Government and as such the question of giving permanent employment did not and court not arise at all and as such the contentions of the appellants-writ petitioners that the volunteers force have been asked to perform the same job as that of police personnels and the principles or equal pay for equal work should be attracted have no manner of application. It was further observed by the learned trial Judge that the rotational system was not arbitrary as it was designed to provide more work to more people. In order to appreciate the controversy, it is necessary to set out some of the provisions of the West Bengal National Volunteer Force Act, 1949 and of the Rules framed thereunler which are as follows :- "Section 7: Notwithstanding anything contained elsewhere in this Act, the (State) Government, by notification in the Official Gazette, direct that one or more corps or units of the Force be constituted or formed for any particular region within West Bengal or for any specified purpose. Section 8.1 : Any citizen of *** India *** or any person having a permanent domicile in West Bengal who may offer himself for enrolment in the Force and who satisfies the prescribed conditions may be eligible for enrolment therein by such authority, in such manner and for such period not exceeding five years as may be prescribed. Section 8.1 : Any citizen of *** India *** or any person having a permanent domicile in West Bengal who may offer himself for enrolment in the Force and who satisfies the prescribed conditions may be eligible for enrolment therein by such authority, in such manner and for such period not exceeding five years as may be prescribed. S. 8.2 : Every volunteer shall receive a certificate of appointment in the prescribed form and such certificate shall be issued by such authority as may be prescribed and thereupon he shall have the powers privileges and protection conferred, and shall discharge the duties imposed, on a volunteer by or under this Act. S. 8.3 : Every volunteer enrolled under this Act shall undergo such preliminary and periodical training as may by prescribed. S. 8.4: Every person enrolled as a volunteer under this Act shall be entitled to receive a certificate of discharge in the prescribed from on the expiration of the period for which he was enrolled and any such person may prior to the expiration of that period, by discharged by such authority subject to such conditions as may be prescribed, and shall be so discharged on the recommendation of the Advisory Committee in this behalf. S. 8.5: The prescribed authority may, subject to such conditions as may prescribed- a) suspend, discharge, dismiss or remove any volunteer from his office and thereupon the certificate referred to in subsection (2) shall cease to have effect, or b) disband any unit constituted under this Act and thereupon every volunteer of such unit shall vacate office. S. 9 : Every person enrolled as a volunteer under this Act may be posted for any period to any unit of the Force and thereupon he shall be bound to serve in the said unit for that period. S. 9 : Every person enrolled as a volunteer under this Act may be posted for any period to any unit of the Force and thereupon he shall be bound to serve in the said unit for that period. S. 13(1) : If a volunteer, without sufficient cause, neglects or refuses to obey the orders of any superior authority or officer whom he is bound to obey, or fails to discharge any duty which he is bound to perform under this Act or any rule or regulation thereunder, or deserts his post, or is guilty of any wilful breach or disobedience of any provisions of this Act or of any rule or regulation thereunder, or lawful order made or issued thereunder by a competent authority, he shall be liable to be punished with simple imprisonment for a term which may extend to three months or with fine which may extend to two hundred rupees or with both. Rule 15 : Discipline-(1) A volunteer while undergoing training or when called out for duty under Section 10 or while on duty shall for breach of discipline, be subject to such penalties as are provided in Section 13." On perusal of the provisions of the said Act and Rules framed thereunder it is made abundantly clear that even though the member of the Force is termed as a voluntary force, the same was not voluntarily at all. It is voluntary in the sense that one may accept it or not but if one accepts service under the said Force, he becomes a permanent member of the Force and that as soon as one becomes a member of the Force, he is bound to carry out any orders of the higher authorities on pain of punishment. It is well settled that in order to establish the master and servant and/or employer and employee relationship, there were four tastes-(a) who is the appointing authority, (b) who is the disciplinary authority, (c) who pays the salaries and wages and (d) under whose administrative control one functions. In the instant case, the appointing authority is the State Government. The disciplinary authorities are the officers of the State Government as provided under the Acts and the Rules. In the instant case, the appointing authority is the State Government. The disciplinary authorities are the officers of the State Government as provided under the Acts and the Rules. The pay and allowances are fixed in accordance with the provisions of rules 16 of the West Bengal National Volunteers Rules, 1949 which provides that "The State Government may from time to time prescribe pay and allowance admissible to officers, sub-ordinate other ranks, volunteers and staff of the National Volunteers Force", and these members of the Force have to were under the exclusive control and supervision of the authorities prescribed under the Act. One who is appointed is bound to serve in view of the provisions of section 9 of the said Act. Section 11 of the said Act provides that "a volunteer when called upon for duty shall have the same powers, privileges and protection as a Police Officer appointed under any Act for the time being in force". Sub-section (2) of the Section 11 gives protection against prosecution in respect of anything done, or purported to be done in exercise of his power or in the discharge of his duties as such, except with the previous sanction of the Commissioner of Police in Calcutta or the District Magistrate elsewhere. Section 13 of the said Act provides that, “If a volunteer, without sufficient cause, neglects or refuses to obey the orders of any superior authority or officer whom he is bound to obey, or Jails to discharge any duty which he is, bound to perform under this Act or any rule or regulation thereunder, or deserts his post. or is guilty of any wilful breach or disobedience or any provisions of this Act or of any rule or regulation thereunder, or lawful order made or issued thereunder by a competent authority, he shall be liable to be punished with simple imprisonment for a term which may extend to three months or with tine which may extend to two hundred rupees or with both”, In view of the aforesaid provisions we have no hesitation in holding that they are not simply volunteers in its literal sence but member of the force is nonetheless termed as volunteer force. If it is held to be a purely volunteer in that event a volunteer is not bound to carry out any order of the superior and he cannot be under the disciplinary control. If it is held to be a purely volunteer in that event a volunteer is not bound to carry out any order of the superior and he cannot be under the disciplinary control. The dictionary meaning of the word 'volunteer' means a person who voluntarily undertakes a task or makes voluntary offer of one's services to be volunteer, or in other words to offer one's voluntary service who acts at his own free will not contained or compulsory, 4. Accordingly, we ale unable to hold that they have no right to such posts and/or regular appointment when in fact and in substance it is regular force. 5. The Act nowhere provided that the members of this force which called on for duties will perform duties for 15 days in a month on rotational basis or for a shorter period and then put thereof their duties without any pay. But such rotational duties were in produced by an administrative circular and as a result of the same they are not getting regular employment. In the public law field individuals may not have strictly enforceable rights but they may have legitimate expectation. Such expectation may seem either from a promise or a representation made by a public body or from a previous practice of a public body. The actual enjoyment of a benefit may also create a legitimate expectation that such benefit will not be withdrawn without giving a hearing (vide (1) O’ Reilly v. Mackman, (1983) 2 AC 237). 6. In this case the policy that was adopted was contrary to public interest. To keep a man half fed is contrary to all principles. It is one thing not to give any employment, but it is quite different thing to give employment in such a manner by which he can get only a half pay. In these hard days when it is difficult to get an employment, the State should act as a model employer and must act fairly and do justice to its employees. Those who will get employment must get full pay so that the can maintain him and his family, otherwise the social and economic justice to the people will be denied and the constitutional goal of securing social and economic justice to the people will become empty slogan. The State cannot remain in different to the welfare to its own employees. Those who will get employment must get full pay so that the can maintain him and his family, otherwise the social and economic justice to the people will be denied and the constitutional goal of securing social and economic justice to the people will become empty slogan. The State cannot remain in different to the welfare to its own employees. Right to work as provided in Article 41 of the Constitution is a constitutional goal and it is the duty of the State to provide regular work and full pay and work on alternative days. This clearly amounts to deny the right of livelihood to the employees who could not maintain with pay of only 15 days in a month. 7. The Supreme Court in the case of daily rated Casual Labour employed under post and Telegraph Department through (2) Bhartiya Dak Tar Mazdoor Manch v. Union of India, (1988) 1 SCC 122 : AIR 1987 SC 2342 while dealing with the question of their absorption referred to the State's obligations (referred to as an individual's rights) under Part-IV of the Constitution and observed as under:- "Of those rights the question of security of work is of utmost importance. If a person does not have the feeling that he belongs to an organisation engaged in production he will no put forward his best effort to produce more. That sense of belonging arises only when he feels that he will not be turned out of employment the next day at the whim of the management. It is for this reason it is being repeatedly observed by those who are in charge of economic affairs of the countries in different parts of the world that as far as possible security of work should be assured to the employees so that they may contribute the maximisation of production. It is again for this reason that managements and the governmental agencies in particular should not allow workers to remain as casual labourers or temporary employees for an unreasonable long period of time." Supreme Court in the case of (3) Jacob M. Puthuparambil v. Kerala Water Authority, reported in A I R 1990 SC 2228 and observed in paragraphs 8 & 9 that "After we attained independence the pace of industrial growth accelerated. Our Constitution makers were aware of the hardships and insecurity face by the working classes. Our Constitution makers were aware of the hardships and insecurity face by the working classes. The Preamble of our Constitution obligates the State to secure to all its citizen social and economic justice, besides political justice. By the 42nd Amendment, the Preamble of the Constitution was amended to say that ours will be a socialistic democracy. In furtherance of these promises certain fundamental rights were engrafted in part III of the Constitution. The Constitution guarantees 'equality', abhors discrimination, prohibits and penalises forced labour in any form whatsoever and extends protection against exploitation of labour including child labour. After extending these guarantees, amongst others, the Constitution makers proceed to chart out the course for the governance of the country in Part IV of the Constitution entitled 'Directive Principles of State Policy'. These principles reflect the hopes and aspirations of the people. Although the provisions of this part are not enforceable by any court, the principles laid down therein are nevertheless fundamental in the governance of the country and the State is under an obligation to apply them in making laws. The principles laid down therein, therefore, define the objectives and goals which the State must endeavour to achieve over a period of time. Therefore, whenever the State is required to make laws it must do so consistently with these principles with a view to securing social and economic freedom so essential for the establishment of an egalitarian society. This part, therefore, mandates that the State shall strive to promote the welfare of 'the people by minimising the inequalities in income and eliminating enqualities in status, facilities and opportunities; by directing its policy towards securing, amongst others, the distribution of the material resources of the community to sub-serve the common good; by so operating the economic system as not to result in any concentration of wealth; and by making effective provision for securing the right to work as also to public assistance in cases of unemployment, albeit within the limits of its economic capacities. There are certain other provisions which enjoin on the State certain duties, e.g. securing to all workers work, a living wage, just and human conditions of work, a decent standard of life, participation in management, etc. which are aimed at improving the lot of the working classes. There are certain other provisions which enjoin on the State certain duties, e.g. securing to all workers work, a living wage, just and human conditions of work, a decent standard of life, participation in management, etc. which are aimed at improving the lot of the working classes. Thus the preamble promises socio-economic justice, the fundamental rights confer certain justiciable socio-economic rights and Directive principles fix the socio-economic goals which the State must strive to attain. These three together constitute the core and conscience of the Constitution :- "India is a developing country. It has a vast surplus labour market. Large-scale unemployment offers a matching opportunity to the employer to exploit the needy. Under such market conditions the employer can dictate his terms of employment taking advantage of the absence of the bargaining power in the other. The unorganised job seeker is left with no option but to accept employment on take-it-or-leave-it terms offered by the employer. Such terms of employment offer no job security and the employer is left to the mercy of the employer. Employers have betrayed an increasing tendency to employ temporary hands even on regular and permanent jobs with a view to circumventing the protection offered to the working classes under the work done through contract labour. It is in this backdrop that we must consider the request for regularisation in service." In this case Supreme Court emphasized that while a sense of belonging arises, the worker will not give his best. Consequently, production will suffer which in turn, will result in economic loss to the nation. Ultimately, the Supreme Court in that case held that "if the rule is so interpreted it seems clear to us that employees who have been working on the establishment since long, and who possess the requisite qualifications for the job as obtaining on the date of their employment must be allowed to continue on their jobs and their services should be regularised. It is unfair and unreasonable to remove people who have been rendering service since sometime as such removal has serious consequences. The family of the employee which has settled clown and accommodated its needs to the emoluments received by the bread winner will face economic ruination if the job is suddenly taken away. It is unfair and unreasonable to remove people who have been rendering service since sometime as such removal has serious consequences. The family of the employee which has settled clown and accommodated its needs to the emoluments received by the bread winner will face economic ruination if the job is suddenly taken away. Besides, the precious period of early life devoted in the service of the establishment will be wholly wasted and the incumbent may be rendered 'age barred' for securing a job elsewhere. It is a indeed unfair to use him generate hope and a feeling of security in him, attune his family to live within his earnings and then suddenly to throw him out of job. Such behaviour would be an affront to the concept of job security and would run counter to the constitutional philosophy, particularly the concept of right to work in Art. 41 of the Constitution. Therefore if we interpret Rule 9(a)(i) consistently with the spirit and philosophy of the Constitution, which it is permissible to do without doing violence to the said rule, it follows that employees who are serving on the establishment for long spells and have the requisite qualification for the job should not be thrown out but their services should be regularised as far as possible. Since workers belonging to this batch have worked on their posts for reasonably long spells they are entitled to regularisation in service." Applying the principles laid down by the Supreme Court in the aforesaid case, we are of the view that the appellants were entitled to be regularised and are entitled to get regular work and not on rotational basis. Accordingly we held 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 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. 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. We are of the view that as such rotational duties and appointments are contrary to the provisions of the Act and/or rules framed thereunder and are wholly contrary to the directive principles as embodied in Part IV of the Constitution and also it is contrary to the concept of social and economic Justice which the Constitution has designed to secure to all its citizens. 8. Accordingly, the order of the learned trial Judge is set aside. The appeal is allowed. There will be no order as to costs. 9. This judgment will govern the other two similar appeals being F.M.A.T. No. 1208 of 1990 and F.M.A.T. No. 1209 of 1990 which were heard analogously. 10. In view of the order passed by the earlier Division Bench on 19th February, 1991 all other similar appeals being F.M.A.T. No. 1332-33. F.M.A.T. No. 1561-62, F.M.A.T. No. 1687-88 and F.M.A.T. No. 1717 of 1990 which were directed to be disposed of in terms of the order passed in this appeal, stand disposed of by this order and judgment. This judgment shall also govern the other similar appeal being F.M.A.T. No 1436 of 1992 in view of our order dated 19th June, 1992 passed in F.M A.T. No. 1436 of 1992. Let a xerox copy of this Judgment be given to the learned Advocates for the parties on usual terms and conditions. Chakraborty, J.: I agree.