Neutral Citation No. - 2025:AHC:13918 Court No. - 7 Case :- WRIT - A No. - 1014 of 2025 Petitioner :- Jayshamkar Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharmendra Kumar Dwivedi,Vandana Tiwari Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present petition inter alia with the following prayer:- "A. Issue A writ, Order or direction in the nature of mandamus directing the respondent no. 2 namely District Basic Education Officer, District Kaushambi to reinstate the petitioner on the post of Shikshamitra and permit the petitioner to continue performed the duty and release the salary to the petitioner from the date of reinstatement." 2. It is argued that the petitioner was appointed on the post of Shikshamitra at Primary School Tilhapur Block Newada District Kaushambi in the year 2002. Subsequently he was falsely implicated in a criminal case and in pursuance to the same he was arrested and sent to jail. It is further argued that the petitioner was enlarged on bail vide order dated 05.09.2022 and immediately thereafter the petitioner submitted application before the Respondent no. 2 namely District Basic Education Officer, District Kaushambi to reinstate him on the post of Sikshamitra but till date no decision has been taken in the matter, hence the present petition. 3. Counsel for the petitioner also placed reliance upon the judgment and order dated 08.11.2024 passed by Co-ordinate Bench of this Court in Writ A No. 17375 of 2024 (Mohammad Ajmal Khan Vs. State of U.P. and 2 Others), which is quoted hereunder:- "The petitioner claims that he was working on the post of Shiksha Mitra from 02.07.2005 till 25.03.2023. The FIR is a result of a family dispute and was actuated by malice. However, the petitioner was arrested by the police in a false case. The petitioner was enlarged on bail on 18.04.2023. He made a representation on 19.04.2023 for being reinstated on his post. No action has been taken on the aforesaid application. The District Basic Education Officer, Kaushambi by letter dated 22.08.2024 has sought directions from the Director General, School, Education and State Programs. No instructions have been forthcoming. It could not be disputed by the learned Standing Counsel that the applicant was working consistently from the date of his appointment. Apart from the aforesaid, no adverse material is available against the petitioner with the learned Standing Counsel. The criminal case has been registered against the applicant under Sections 288, 216 IPC. These provisions contemplate a punishment of six months and seven years respectively. The petitioner was not aware that the person who was staying in his house had committed an offence. In this wake, as an interim measure it is directed that the petitioner be reinstated in service and shall be permitted to perform his duties. The District Basic Education Officer, Kaushambi shall send a report in this regard on the next date of listing. In case the instructions are not forthcoming regarding compliance of this order, the District Basic Education Officer, Kaushambi shall appear in person. The respondents are directed to ensure that the petitioner is permitted to continue on his post and his salary is released as and when it becomes due. Put up this matter on 20.11.2024 in the list of fresh cases. " 4. It is argued that the controversy involved in the present case is absolutely identical as in case of Mohammad Ajmal Khan (Supra). 5. In this view of the matter and also in the interest of justice, the present petition is disposed of directing the respondent no. 2 namely District Basic Education Officer, District Kaushambi to take decision in the matter strictly in accordance with law most expeditiously and preferably within a period of three weeks from the date of production of certified copy of this order taking into consideration the law laid down by this Court in Case of Mohammad Ajmal Khan (Supra) unless there is no legal impediment. Order Date :- 24.1.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad