IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. DHANDAPANI, J
K.A.Vimala – Appellant
Versus
The Principal Secretary to Government Cooperation, Food and Consumer Protection Department Government of Tamil Nadu – Respondent
Writ Petition | Civil Appeal No. 9982 of 2024
| Table of Content |
|---|
| 1. arguments regarding continuation in position until recruitment. (Para 4 , 5) |
| 2. legal conclusion regarding extension of service pending recruitment. (Para 6) |
| 3. order granting petitioner’s request. (Para 7) |
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-02-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI K.A.Vimala ..Petitioner Vs
1. The Principal Secretary to Government Cooperation, Food and Consumer Protection Department Government of TamilNadu Secretariat, Fort St. George Chennai 600009. 2. The Registrar State Consumer Disputes Redressal Commission Frazer Bridge Road, V.O.C. Nagar Park Town, Chennai 600003.
..Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to issue appropriate Government Orders extending the service of the petitioner and consequently directing the respondents to permit the petitioner to continue in service as Member, District Consumer Disputes Redressal Commission, Chengalpattu beyond 27.03.2026 with continuity of service, salary and all other attendant and concomitant service and pay benefits, until the completion of the recruitment process under the new rules, in strict compliance with the judgment of the Honble Supreme Court in Civil Appeal No. 9982 of 2024 dated 21.05.2025 in Ganeshkumar Rajeshwarrao Selukar and others Vs.Mahendra Bhaskar Limaye and Others.
For Petitioner: Mr.R.Sureshkumar for M/s.K.M.Vijayan Associates For Respondents: Mr.M.Rajendiran Additional Government Pleader
ORDER
This petition has been filed seeking a direction to the 1st respondent to issue appropriate Government Orders extending the service of the petitioner and consequently, directing the respondents to permit the petitioner to continue in service as Member, District Consumer Disputes Redressal Commission, Chengalpattu beyond 27.03.2026 with continuity of service, salary and all other attendant and concomitant service and pay benefits, until the completion of the recruitment process under the new rules, in strict compliance with the judgment of the Honble Supreme Court in Civil Appeal No. 9982 of 2024 dated 21.05.2025 in Ganeshkumar Rajeshwarrao Selukar and others Vs.Mahendra Bhaskar Limaye and Others.
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 has been selected as Member, District Consumer Disputes Redressal Commission, Chengalpattu 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 27.03.2026. 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 direction
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.