The court mandates the extension of tenure for a government service position until the completion of recruitment as per Supreme Court directives.

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2.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).

3.The petitioner has been appointed as President, District Consumer Disputes Redressal Commission, in the State of Tamil Nadu as 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.

4.The learned Additional Government Pleader appearing for the 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.

5.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:

6. Non-Judicial Members of the a) If already appointed and State Commission and the serving, they shall be allowed Members of the District to continue in service for the Commission, who have given entirety of their tenure. In the the written examination and event of their tenure ending viva voce 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.

6.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.

7.In the case on hand, the petitioner was appointment as President, District Consumer Disputes Redressal Commission, Coimbatore on 18.03.2022. His tenure as per Rule 10 of the Rules, s