Andhra Pradesh High Court

WP/2060/2022 of Javvadi Kiran Jagan Vs The State of Andhra Pradesh, on 2 September 2026

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HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION N BETWEEN: 1. JAVVADI KIRAN JAGAN, S/O NARASINGARAO AGED ABOUT 48 YEARS OCC HOME GUARD COLONY-III LINE, MAIN ROAD, GUJARATIPETA POST, SRIKAKULAM TOWN/MANDAL/

APHC010029872022

IN THE H

(

THURSDAY,

THE HONOURABLE S

WRI

BETWEEN:

1. JAVVADI KIRAN JA

YEARS OCC HOM

COLONY-III

LINE

SRIKAKULAM TOW

1. THE STATE OF A

SECRETARY,

VELAGAPUDI AMA

2. THE

SUPERINT

SRIKAKULAM DIST

Petition under Articl

the circumstances stated

may be pleased to issue

the nature of writ of M

Respondent to Reinstate

by considering the petit

arbitrary and violation of

and also violation of the

direct the 2nd Responden

Guard (811) by consider

and pass such other orde

HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

THE 3rd DAY OF SEPTEMBER 2026

PRESENT

SRI JUSTICE TARLADA RAJASEKHAR

IT PETITION No. 2060/2022

AGAN, S/O NARASINGARAO AGED AB

ME GUARD-811 (UNDER REMOVAL), R

E,

MAIN

ROAD,

GUJARATIPETA

WN/MANDAL/ DISTRICT

...PETI

AND

ANDHRA PRADESH, REP BY ITS PR

HOME

DEPARTMENT

SECRE

ARAVATI GUNTUR DIST.

TENDENT

OF

POLICE,

SRIKA

TRICT

...RESPOND

le 226 of the Constitution of India prayin d in the affidavit filed therewith, the Hi a writ order or Direction more particular Mandamus to declare the inaction of e petitioner into his service as Home Gu tioner Representations dt.10.11.2021

the Art.14,16 and 21 Of the Constitution e principles of natural Justice and Cons nt to Reinstate petitioner into his service ring the petitioner Representation dt.10

er or orders.

R RAO

BOUT 48

R/o. P.N

POST,

TIONER

INCIPAL

ETARIAT

AKULAM,

DENT(S):

ng that in

gh Court

rly one in

f the 2nd

ard (811)

is illegal,

n of India

sequently

as Home

0.11.2021

IA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, it is hereby prayed this Hon'ble Court may be pleased to direct the 2nd Respondent to Reinstate petitioner into his service as Home Guard (811) by considering the petitioner Representation dt.10.11.2021 and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case.

Counsel for the Petitioner:

1.TOTA TEJESWARA RAO

Counsel for the Respondent(S):

1.GP FOR SERVICES I

The Court made the following:

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ORDER:

The services of the petitioner as Home Guard (811) was terminated on 31.08.2022 on the ground that the petitioner was involved in a criminal case, subsequently he was acquitted from the criminal charges.

2. Now, the present Writ Petition is filed to direct the 2nd respondent to reinstate the petitioner into services as Home Guard on the ground that termination of the petitioner without considering the representation of the petitioner is bad in law.

3. Admittedly, the respondents have issued notice dated 10.08.2020 calling for explanation from the petitioner. However, the petitioner submitted his explanation on 28.08.2020. Without considering the said explanation, termination order was ordered by the respondents. Learned counsel for the petitioner would submit that without taking note of the explanation impugned action is taken contending that the action is taken without hearing the petitioner, without considering explanation to the show cause notice, the same is stigmatic in nature and therefore, would be done only after proper enquiry is conducted. Therefore, the counsel prays for interference into the matter.

4. Learned counsel for the petitioner relies on the order in W.P. Nos.23101 of 2021 batch. I am the Party to the Order. A Division Bench of this Court vide order dated 15.07.2025, observing as follows:

“Despite the respondents having terminated the petitioners without adhering to due process and the Audi Alteram Partem doctrine, the justification or otherwise for the terminations remain to be examined after issuance appropriate show cause notices. There may be valid grounds for the discontinuation also. However, this Court in the light of the conclusions arrived at supra and the orders in W.P. No.35460 of 2013 & batch dated 08.06.2018 as also in the better interest of the petitioners/ Home Guards opines that they shall attend and pass the physical fitness test to be conducted by the respondent authorities. Depending on the result in the physical fitness test, the deserving candidates shall be reinstated as Home Guards. Any such reinstatement, however, shall not confer benefit of any kind to the Home Guards / petitioners like seniority, back wages etc.” And stated that the petitioner’s case is identical in nature and requested to pass similar order.

5. Learned counsel appearing for the respondents has not refuted the same.

6. Therefore, this Court is inclined to dispose of the present Writ Petition in terms of the order dated 15.07.2025 in W.P. No.23101 of 2021 and batch. This Court while disposing of the above writ petition has directed that the petitioners shall attend and pass physical fitness test to be conducted by the respondent authorities and depending upon the result in the physical fitness test, the petitioners can reinstate as Home Guard.

7. Acceding the request made by the counsel for the petitioner, the present Writ Petition is disposed of directing the respondents to call for the physical fitness test, petitioner herein directed to attend the physical fitness test to be conducted by the respondent authorities and the respondent authorities are directed to pass appropriate orders on the basis of the result in the physical fitness test. There shall be no order as to costs.

As a sequel, interlocutory applications, if any, pending in this writ petition shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 03.09.2026

Harin

THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

W.P.No. 2060 of 2022

Date: 03-09-2026

Harin

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