Juntipalli Subhadra v. Oepartm6nt

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or Direction, more particularly one in the nature of wRlT OF MANDAMUS, declaring the high-handed action of the respondents, in removing petitioner name from the rolls of the Home Guards organization,RangaReddydistrict,(Now,Vikarabaddistrict),asillegal,arbitrary and unconstitutional being violative of Articles 14, 16 and 21 of constitution of lndia, void abinitio apart from violative of well known principles of natural justice and consequently direct the respondents to reinstate the petitioner into service 7 as Home Guard under the control of the respondents, with all consequential benefits. lA NO: 1 OF 2018 Petition under section 1si cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to reinstate petitioner into the service as Home Guard in the office of Superintendent of Police, Vikarabad district, Vikarabad and pass taking into account the Judgment rendered by Hon'ble High court of Judicature at Hyderabad for the State of relangana and the state of Andhra pradesh, in The State of Andhra Pradesh, Vs. p. prasad Rao, 2012(4)A1T324, pending final disposal of the main writ Petition, as othenivise lwill be put to heavy and irreparable loss. counsel for the Petitioner: sRI PRAKASAM FoR sRt KRtsHNA rswAMy RELA Counsel forthe Respondents: GP FOR HOME The Court made the following: ORDER I I I J l I I HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.41961 of 2O18 ORDER: Petitioner challenges the removal of his name from the rolls of Home Guards Organization, Ranga Reddy District (now, Vikarabad District), as iliega-l, arbitrary, and violative of Articles 14, 16 &,21 of Constitution of India.

2. Heard Mr. Prakasam, learned counsel for the petitioner, ald learned Government Pleader for Services (Home). Perused the record

3. It is represented by learned Government Pleader that the subject matter of the writ petition is squarely covered by the Judgment of this Court in W.P.No.35460 of 2013 and batch, dated

08.06.2018. He submits that the Division Bench ol this Court dismissed the writ petition, and based on the sa-Ine, a similar matter in W.P.No. 1539 of 2014 was also dismissed.

4. Hon' ble Division Bench of this Court, in W.P.No.35460 and batch dated 08.06.2018. held as follows: "On the above analysis, the Writ Petitions are dismissed but subject to the following conditions": 1 1 The first respondents-applicants in all these cases shall be subjected to a physical test to ascertain their fitness before being reinducted in service as Home Guards' An objective and transparent procedure shall be adopted by the State and its police officials in this regard and all deserving candidates shall again be enrolled on the rolls of the Home Guards Organization.

2. Enrollment of such deserving candidates shall, however, not have the effect of conferring upon them the benefit of continuity of service, seniority, arrears of pay etc' for all purposes. Their enrolment would be on par with fresh appointments. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs." A perusal of the order passed by the Division Bench would

5. show that the Government filed the writ petition and the Division Bench of this Court dismissed the writ petition by observing that an objective and transparent procedure shall be adopted by the StateanditsPoiiceofficialsinthisregardandalldeserving candidates shall again be enrolled on the rolls of the Home Guards Organization.

6.Further,theenrolmentofsuchdeservingcandidatesshall not confer on them the benefrt of continuity of service, seniority, arrears of pay etc., for all purposes and enrolment of would be on par with fresh appointments. /I 7 . Considering the submissions made, there shall be a direction to respondent authorities to re-enroll the petitioner on the rolls of Home Guards Organization. It is made clear that the re-enrolment of petitioner does not confer on him the benefit of continuity of service, seniority, arrears of pay, for all purposes and the enroiment shall be on par with fresh appointments.

8. Accordingly, this writ petition is allowed. No costs. Consequently, miscbllareous appiications pending, if any, in this Writ Petition, sha1l stand closed That Rule Nisi has been made absolute as above Witness THE HON'BLETHE ACTING CHIEF JUSTICESUJOY PAUL THURSDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE \ //TRUE COPY// ASSIS SD/. K.AMMAJI NT REGISTRAR CTION OFFICER To, Telanoana State - 500016 Telangana State - 500022

1. The Principal Secretary, Home Department, Secretariat' At Hyderabad' , Tho lnsnector General oi Potice, Home Guards' O/o' DGP Office' - Uidi6b;;1, Hvoetaoro Telansana state - 500004' 3. i[; C;;r;noint, t-tome'd,ia|."os, ietangana Region' Amberpet' Hvderabad + ifilisY,li"lir'tllii"niii poli"e, Ranga Reddv District' (Now' vikarabad s. ini iiihcipal Secretary,llirie oepartment' Secretariat' At Hyderabad' 6. &;'ic'i; si{i. xntsnrlA swAMYRELA, Ad.vocjte to?gql ;. i;; cc. tJ cp ron nonar, High court for the state of relangana' at 8. Two CD CoPies fr o I\4 disirict), At Vikarabad' Telangana State' Telanqana State - 500022 Hyderabad [OUT] i l I HIGH COURT DATED:2310112025 ORDER WP.No.41961 of 2018 1 HE STA rg o (.) 1l FtB 216 s''-- "" -l ALLoWINGTHEWRITPETITIoNWITHoUTcoSTS ,r\ ."{b tr*. 1 I I l. I