IN THE HIGH COURT OF JUDICATURE AT MADRAS

MADURAI BENCH

Cont. P:704/2017
in
WP:21916/16

Selvakumar - Petitioner

Vs
1. Mr. R. Elangovan
Director of Elementry Education
College road, Chennai-6

2. Mr. Vijendran,
District Elementry Education officer,
Trichy District. - Respondents

AFFIDAVIT FILED BY RESPONDENT NO:1

I Elangovan S/o Rathinasamy Hindu aged about 57 years

now working as Director of School Education, Tamilnadu, come down
Madurai do here by solemnly affirmed sincerely state as follows:-

1. I am the 1st respondent herein. Firstly I submit my

unconditional apology before this Honble Court. Formely I was working
as Director of Elementry Education. Now I was promoted as Director of
School Education. The writ petitioner sought for writ of Mandamus
directing the respondent No:1 to transfer him from Kattuputhoor
panchayat Union primary school in Thoottiyam Union to any one of the
school having vacancy at Thuraiyoor panchayat union Trichy.

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2. Further I submit that the above said writpetition came

before Honble HighCourt on 01.12.16. Lordship passed following order
As the petitioner is physically challenged person, it is the duty of the
respondents to have considered the request and to have transferred him to
the place to which he wanted the transfer. The request of the petitioner is
not unreasonable .Therefore the respondents are directed to consider the
representation of the petitioner, dated 22. 09.2016 and to transfer him in
any one of the schools in Thuraiyoor union, within ia period of four weeks
from trhe date of receipt of a copy of this order ( if need be, by creating a
vacancy or by effecting mutual transfer)

3. Further I submit that above said copy received by office

3rd week of February 2017. Immedietly my under official rushed and got
legal opinion from competent Government pleader and file the appeal
before Honble High Court with delay condone petition WASr:15061/17.
Unfortunately it is not yet listed. In between the contempt petitioner filed
contempt petition before this Honble and listed on 19.04.17 and it was
adjourned on 27.04.17 for reporting compliance. But unfortunately I am
not able to comply the order. Hence Statutory notice was issued for my
personal appearance. In these circumstances the counselling start from
19.05.17. On that day transfer order was issued in favour of writpetitioner
proceeding dated 20.05.17 in Naka:6363/A4/2016 as per direction of this
Honble Court. The copy also served to the writ petitioner. Now I was
promoted as Director of School Education. Each and every day meetings
are conducted by Secretary of School Education. Due to said administative
reason I am not able to appear before this Honble Court. Further Honble
Court order also fully complied. Please dispensewith my personal
appearance, otherwise I will put irreparable loss and hardship.
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Therefore it is prayed that this Honble Court may be

pleased to dispensewith my personal appearance in Contp:704/17 order
passed on 27.04.17 and thus render justice.

Solemnly affirmed signed

before me at Chennal on .05.17 1st Respondent

Advocate