
The Madhya Pradesh High Court on Friday stayed coercive action against a school peon who was transferred recently over his religious conversion and allegations of influencing others to do the same [Shailendra Kumar Farend v The Block Education Officer]
Justice Vijay Kumar Shukla took note of the argument that the Block Education Officer is not a competent authority to transfer a class IV employee. The Court asked the government to respond to the plea challenging the transfer, and in the meantime stayed the action.
"Till then no coercive action shall be taken against the petitioner for not joining at the transferred place. List on 16.10.2025," the Court ordered.
Shailendra Kumar Farend alias Shailesh, a peon at Government Higher Secondary Sultanpur, was transferred to Sardapur Block Education Office on September 30 on the basis of the allegations that he had adopted Christianity and was converting other Hindus by luring them with money.
Challenging the transfer, his counsel argued before the Court that the action was taken without any departmental inquiry or explanation from the employee. It was also submitted that the order was passed on the basis of a politically-motivated complaint by the village sarpanch and deputy sarpanch.
It was also submitted that Farend belongs to the Scheduled Caste category and is a class IV employee, who cannot be transferred without permission of higher authorities.
"As per the rules of the Madhya Pradesh government, prior permission from the Collector or the relevant Minister is mandatory for the transfer of such employees," the counsel argued.
The Court agreed and said that no action should be taken against the petitioner for the time being.
The matter will be taken up again on October 16.
Advocate Murtuza Bohra represented the petitioner.
Advocate Rajwardhan Gawde appeared for the State.
[Read Order]