Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
MANASH RANJAN PATHAK, MRUGANKA SEKHAR SAHOO
Krushna Chandra Rath – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. writ petition subject to supreme court's directions. (Para 1 , 2) |
| 2. compliance directives for consumer forum appointments. (Para 3 , 4) |
| 3. concerns raised by the court on compliance. (Para 5 , 6) |
| 4. petitioner may pursue further legal remedies. (Para 10 , 11) |
| 5. supreme court orders are mandatory and binding. (Para 12) |
ORDER :
1. The Petitioner was working as President of the District Consumer Disputes Redressal Commission, Khurda at Bhubaneswar. Annexure-2 to the writ petition, i.e. Office Order dated 05.05.2025 notifying the superannuation of the Petitioner on attaining the age of 65 years is the subject matter of our scrutiny in view of the judgment dated 21.05.2025 (under Annexure-3) passed by the Hon’ble Apex Court in the case of Ganeshkumar Rajeshwarrao Selukar and Others vs. Mahendra Bhaskar Limaye and Others , 2025 SCC OnLine SC 1193.
2. In Ganeshkumar Rajeshwarrao Selukar (supra), considering the SLP (C) No. 25612 of 2023, the Hon’ble Supreme Court issued direction as follows (from SCC Online Print):
“DIRECTIONS
102. In view of the aforesaid discussion, we deem it fit to pass the following directions, in exercise of the powers conferred under Article 142 of the
The court affirmed that compliance with Supreme Court directives is mandatory and that superannuation orders must align with those established rules, highlighting judicial obligations under Article 1....
The High Court emphasized the obligation to comply with the Supreme Court's directives regarding the tenure of consumer commission members, prohibiting reinterpretation by subordinate authorities.
The court mandates the extension of tenure for a government service position until the completion of recruitment as per Supreme Court directives.
A member of the District Consumer Disputes Redressal Commission may continue in service beyond the term until the recruitment process is completed, per Supreme Court guidelines.
The court affirmed the petitioner's right to continue as President until recruitment under new rules is completed, ensuring service stability per prior Supreme Court guidance.
The court affirmed that a member's tenure may extend beyond its term until the completion of the recruitment process, aligning with Supreme Court directives.
Timely appointments to consumer commissions are essential to prevent disruption of services and protect consumer rights, as delays are arbitrary and against public interest.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
