Ganeshkumar Rajeshwarrao Selukar & Ors. v. Mahendra Bhaskar Limaye).For & Ors.

W.P.No.7308 of 2026IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.02.2026CORAMTHE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.No.7308 of 2026 R.Thangavel ... Petitioner Vs.1 The Principal Secretary to Government, Cooperation, Food and Consumer Protection Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai – 600 009.2 The Registrar, State Consumer Disputes Redressal Commission, Frazer Bridge Road, V.O.C. Nagar (Behind TNPSC), Park Town, Chennai – 600 003. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to permit the petitioner to continue in service as the President, District Consumer Disputes Redressal Commission, Coimbatore, beyond 14.03.2026 until the completion of recruitment process under the new Rules, in compliance with the judgement of the Hon’ble Supreme Court of India dated 21.05.2025 in Civil Appeal No.9982 / 2024 1/6 https://www.mhc.tn.gov.in/judis W.P.No.7308 of 2026(Ganeshkumar Rajeshwarrao Selukar and Ors. Vs. Mahendra Bhaskar Limaye and Ors).For Petitioner : Mr.P.M.DuraiswamyFor Respondents : Mr.M.Rajendiran Additional Government Pleader

O R D E RBy consent, the writ petition is taken up for final disposal at the admission stage itself.

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to permit the petitioner to continue in service as the President, District Consumer Disputes Redressal Commission, Coimbatore, beyond 14.03.2026 until the completion of recruitment process under the new Rules, in compliance with the judgement of the Hon’ble Supreme Court of India dated 21.05.2025 in Civil Appeal No.9982 / 2024 (Ganeshkumar Rajeshwarrao Selukar and Ors. Vs. Mahendra Bhaskar Limaye and Ors).

The petitioner has been appointed as President, District Consumer Disputes Redressal Commission, in the State of Tamil Nadu 2/6 https://www.mhc.tn.gov.in/judis W.P.No.7308 of 2026as per G.O.Ms.No.33, Cooperation, Food and Consumer Protection (H1) Department dated 18.03.2022 and assumed charge on 23.03.2022 as the President, District Consumer Disputes Redressal Commission, Coimbatore following the posting order dated 21.03.2022 issued by the second respondent. The petitioner's recruitment and appointment were made in accordance with the Consumer Protection (Qualification for Appointment, Method of Recruitment, Procedure of Appointment, Term of Service, Resignation and Removal of the President and Members of the State Commission and District Commission) Rules, 2020 (hereinafter referred to as 'the 2020 Rules). As per Rule 10 of the 2020 Rules (as amended in 2022), every member of the State Commission and the President and every Member of the District Commission shall hold office for a term of four years or up to the age of six-five years, whichever is earlier, and shall be eligible for reappointment for another term of four years subject to the age limit of sixty five years and such reappointment shall be made on the basis of the recommendation of the Selection Committee. The petitioner's tenure as President is due to end on 14.03.2026 as he attains the age of 65 years on that date.

The learned Additional Government Pleader appearing for 3/6 https://www.mhc.tn.gov.in/judis W.P.No.7308 of 2026the respondents would submit that the petitioner attains the age of superannuation as on 14.03.2026. Therefore, his tenure will come to an end on 14.03.2026 and as such he cannot be permitted to continue till the new recruitment to the post of President of District Consumer Disputes Redressal Commission, Coimbatore.

The learned counsel appearing for the petitioner would submit that the above contention cannot be countenanced in the view of the directions issued by the Hon'ble Supreme Court in the case of Ganeshkumar Rajeshwarrao Selukar and Ors vs Mehendra Bhaskar Limaye and Ors reported in (2025) 8 SCC 634, wherein, directions with regard to the status of appointment to the post of Presidents and Members of the State and District Commissions has been issued. The relevant direction is as follows:

Non-Judicial Members of the State Commission and the Members of the District Commission, who have given the written examination and viva vocea) If already appointed and serving, they shall be allowed to continue in service for the entirety of their tenure. In the event of their tenure ending before the completion of the recruitment process under the new rules to be notified, their appointment shall be allowed to continue until the completion of the said recruitment process.4/6 https://www.mhc.tn.gov.in/judis W.P.No.7308 of 20266.Thus it is clear that in the event completion of tenure before the completion of the recruitment process, their appointment shall be allowed to continue till the completion of recruitment process.