1. Petitioner sought continuation as District Commission Member beyond tenure until recruitment under new rules completed. (Para 1 )
Back
Next 
2026 Supreme(Online)(Mad) 1016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
V.P. Velusamy – Appellant
Versus
Principal Secretary to Government, Cooperation, Food and Consumer Protection Department, Government of Tamil Nadu – Respondent
W.P.No.969 of 2026
Advocates:
For the Appellants/Petitioners: Kadhirvelu
For the Respondents: R.U. Dinesh Rajkumar, AGP
For the Appellants/Petitioners: Kadhirvelu
For the Respondents: R.U. Dinesh Rajkumar, AGP
Members of the District Consumer Disputes Redressal Commission are entitled to continue in service beyond their fixed tenure if such tenure expires before the completion of the recruitment process under new rules, as per Supreme Court mandates.
Headnote:(A) Consumer Protection - Appointment of Members - Tenure of Office - Right to continue in service - Where the tenure of a Member of the District Commission ends before the completion of the recruitment process under new rules, the member is entitled to continue in service until such recruitment process is completed, in accordance with the directions of the Hon'ble Supreme Court. (Para 4, 6)
(B) Judicial Precedent - Binding Nature - Directions issued by the Hon'ble Supreme Court regarding the status of appointments to State and District Commissions are binding on the respondents to ensure continuity of judicial functions. (Para 4, 6)
Issues: Whether the petitioner is entitled to continue in service as Member of the District Consumer Disputes Redressal Commission beyond the expiry of his tenure until the completion of recruitment under the new rules.
Legal Category Hierarchy
Table of Contents
2. Petitioner relied on Supreme Court direction allowing continuation; respondents did not dispute but argued tenure had ended. (Para 4 , 5 )
3. Court applied Supreme Court direction allowing appointed members to continue until new recruitment process completed. (Para 6 )
4. Appointed members whose tenure ends before new recruitment may continue in service until completion of that process. (Para 6 )
5. Writ petition allowed; respondents directed to permit petitioner to continue until completion of recruitment under new rules. (Para 6 , 7 )
6. Can a District Commission member continue beyond tenure if recruitment under new rules is incomplete?
Yes, members appointed and serving shall continue for entirety of their tenure and, if tenure ends before recruitment process completes, until completion of recruitment. (Para 4 , 6 )
ORDER
This Writ Petition has been filed seeking a direction to the respondents to permit the petitioner to continue in service as Member, District Consumer Disputes Redressal Commission, Erode, beyond 09.02.2025 until completion of the recruitment process under the New Rules, in compliance with the judgment of the Hon'ble Supreme Court of India dated 21.05.2025 in Civil Appeal No.9982 of 2024 ( Ganeshkumar Rajeshwarrao Selukar and Ors. vs. Mahendra Bhaskar Limaye and Ors ).
2. Heard the learned counsels appearing on either side. With the consent of both sides, the Writ Petition is taken up for hearing at the admission stage itself.
3. The brief facts of the case is as follows:
3.1. The petitioner is a retired Sub-Judge. He has been selected as Member, District Consumer Disputes Redressal Commission, Erode through Government Order dated 18.03.2022 and appointed vide proceedings dated 21.03.2022 and took charge on 28.03.2022. 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 Office, 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 upto the age of sixty-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 Member is due to end on 06.02.2026. However, the petitioner is entitled to continue till the recruitment process under the New Rules to be notified and hence, the present Writ Petition for the aforesaid relief.
4. The learned counsel for the petitioner drew the attention of this Court to the decision of 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:
| 6. | Non-Judicial Members of the State Commission and the Members of the District Commission, who have given the written examination and viva voce | a) 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. |
Thus, it is clear that in the event of completion of tenure before the completion of the recruitment process, their appointment shall be allowed to continue till the completion of recruitment process. Hence, he prayed to allow the Writ Petition.
5. The learned counsel for the respondents would submit that the petitioner's tenure is over by 06.02.2026 and as such, he cannot be permitted to continue till the new recruitment to the post of Member of District Consumer Disputes Redressal Commission, Erode, however, he has not disputed the facts of the case and also fairly admitted the contentions put forth by the learned counsel for the petitioner.
6. In the case on hand, the petitioner was appointed as Member, District Consumer Disputes Redressal Commission, Erode on 21.03.2022. His tenure as per Rule 10 of the Rules, shall hold office for a term of four years or upto the age of sixty five years, whichever is earlier. Now, the petitioner's tenure is due to end on 06.02.2026. But so far, there is no recruitment to the post of Member, District Consumer Disputes Red
