THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO.18557 OF 2025

ORDER:

Seeking to declare the action of respondent No.5 in issuing the notice dated 19.05.2025 vide C.No.238/Hgs/WNP/2025, under the instructions of respondent No.2 calling upon the petitioner to undergo fresh physical fitness tests for reinstatement, as arbitrary, unreasonable and unjust and consequently to set aside the same, the present Writ Petition is filed.

2) Heard Sri S.Krishna Sharma, learned counsel for the petitioner, and learned Government Pleader for Services (Home) for the respondents.

3) Learned counsel for the petitioner has submitted that initially the petitioner was appointed as Home Guard in Home Guards Organization in Mahabubnagar District having duly undergone and qualified in all the physical and medical fitness tests prescribed for appointment vide order dated 17.02.2002 bearing D.O. No.54/2003. While the petitioner was working in Mahabubnagar District, he was removed from the services of the Home Guard Organization by the then Superintendent of Police, Mahabubnagar, vide D.No.51/2011, dated 17.01.2011 on the ground that he was involved in a criminal case and subsequently he was reinstated into service as Home Guard vide D.No.570/2012 dated 02.04.2012. It is further submitted that during District bifurcation in the year 2016, he was allotted to Wanaparthy District on ‘Order to Serve’ basis and attached to Khilla Ghanpur Police Station for further duties. While he was working as such, again he was falsely implicated in crime No.28/2020 for the alleged offences under Sections 307, 324, 323 read with 34 of Indian Penal Code of PS Kulkacherla and after filing of the charge sheet the same was numbered as S.C. No.24 of 2022 on the file of Assistant Sessions Judge at Vikarabad. In connection with the same, respondent No.5 has issued order dated 24.04.2020 by placing the petitioner under suspension and the same was challenged by the petitioner in W.P.No.22177 of 2022 wherein vide order dated 06.06.2022 this Court has issued interim direction to respondent No.4 herein to consider the representation of the petitioner dated 05.01.2022 seeking reinstatement into service. Despite the said direction, no action was taken by respondent No.5 to revoke the suspension of the petitioner. Instead, respondent No.5 has passed the order dated 11.07.2022 removing the petitioner from the rolls of Home Guard Organization, Wanaparthy District, with immediate effect. Aggrieved by the same, the petitioner has filed W.P.No.19722 of 2024 and the same was disposed of by this Court vide order dated 06.11.2024 directing respondent No.2 to consider the representations dated 18.06.2024 and 25.07.2024 and pass appropriate orders duly taking into consideration the judgment dated 03.04.2024 passed in S.C. No.24 of 2022 by the Assistant Sessions Judge at Vikarabad. However, respondent No.2 has passed the rejection order vide Memorandum dated 03.12.2024 which was challenged in W.P.No.5462 of 2025 wherein vide order dated 03.03.2025 this Court has set aside the removal order dated 11.07.2022 and directed the respondent authorities to reconsider the case of the petitioner, if he is otherwise eligible. Pursuant to the said order dated 03.03.2025, the petitioner has submitted a representation dated 11.04.2025 to respondent No.2 requesting for reinstatement. In pursuance thereof, respondent No.5 has issued the present impugned notice, dated 19.05.2025, under the directions of respondent No.2, requiring the petitioner to undergo physical fitness test for his reinstatement into service as Home Guard. Hence, the petitioner is before this Court.

3.1) Learned counsel for the petitioner has contended that the impugned notice dated 19.05.2025 is passed contrary to the order dated 03.03.2025 passed by this Hon’ble Court in W.P.No.5462 of 2025. It is further contended that the petitioner cannot be subjected to physical fitness test again inasmuch as he has already cleared all the requisite te