D.Chitra Vs The Principal Secretary

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to extend the tenure of the petitioner as President of District Consumer Disputes Redressal Commission, Dindigul with the existing service conditions until the completion of recruitment process as per new Rules in terms of the judgment of the Honourable Supreme Court of India in Ganeshkumar Rajeshwarrao Selukar and Ors.Vs. Mahendra Bhaskar Limaye and Ors [Civil Appeal No.9982/2024 dated 21.05.2025]

¶14

Page1 of 7

¶15

https://www.mhc.tn.gov.in/judis

¶16

WP No. 5823 of 2026

¶17

For Petitioner(s): Mr.K.V.Shanmuga Sundaram For Respondent(s): Mr.Yogesh Kannadasan Special Government Pleader for R1 & R2

¶18

ORDER

¶19

The writ petition has been filed seeking a mandamus to the respondent to extend the tenure of the petitioner as President of District Consumer Disputes Redressal Commission, Dindigul with the existing service condition until the completion of recruitment process as per new Rules in terms of the judgment of the Hon'ble Supreme Court of India in Ganeshkumar Rajeshwar Rao Selukar & Ors. Vs. Mahendra Bhaskar Limaye & Ors. (Civil Appeal No.9982/2024 dated 21.05.2022).

¶20

The petitioner was appointed as President of District Consumer Disputes Redressal Commission, The Nilgiris vide G.O.(Ms) No.33, dated 18.03.2022 issued by the first respondent and was subsequently transferred to DCDRC, Dindigul, by proceedings dated 16.07.2024. 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 'Rules 2020). As per Rule 10 of the 2020 Rules (as

¶21

Page2 of 7

¶22

https://www.mhc.tn.gov.in/judis

¶23

WP No. 5823 of 2026

¶24

amended in 2022), every Member of the State Commission and the President and Members 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 is due to end in March 2026 after serving as President in DCDRC, Dindigul. The petitioner wants to extend her tenure as President in DRDRC, which according to her, she is entitled to under the New Rules to be notified. Hence, the petitioner is before this Court seeking a mandamus to the respondents to extend her tenure as President in DCDRC, Dindigul.

¶25

The learned counsel appearing for the petitioner drew the attention of this Court to the decision of the Hon'ble Supreme Court in Ganeshkumar Rajeshwarrao Selukar & Ors Vs. Mahendra Bhaskar Limaye & 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:

¶26

Presidents of the State and District (a) Those who are appointed and serving shall Commissions, and the Judicial be allowed to complete their tenure in Members of the State Commission, in entirety. In the event of their tenure ending other States, with/without having given before the completion of the recruitment the written examination followed by a process under the new Rules to be notified, viva voce. their appointment shall be allowed to continue until the completion of the said recruitment process.

¶27

__________ Page3 of 7

¶28

https://www.mhc.tn.gov.in/judis

¶29

WP No. 5823 of 2026

¶30

(b) Those who have been selected, but not appointed, on account of the concerned States having stayed the appointment process during the pendency of these appeals, shall be appointed to the respective post, and shall be allowed to continue in office till the entirety of their tenure.

¶31

Thus, it is clear that in the event of completion of tenure before the completion

¶32

of the recruitment process under the new Rules to be notified, their appointment shall be allowed to continue till the completion of recruitment process. Hence, he prayed to allow the Writ Petition.

¶33

The learned counsel for the respondents would submit that the petitioner’s tenure is due to end by March 2026, and as such, the petitioner cannot be permitted to continue till the new recruitment to the post of President of District Consumer Disputes Redressal Commission, Dindigul, 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.

¶34

In the case on hand, the petitioner was appointed as President , District Consumer Disputes Redressal Commission, The Nilgiris on 18.03.2022 and was subsequently transferred to DCDRC, Dindigul. As per Rule 10(2) of the Rules 2020 (as amended in 2022), the President and Members of the District Commission shall hold office for a term of four years or upto the age of sixty

¶35

__________ Page4 of 7

¶36

https://www.mhc.tn.gov.in/judis

¶37

WP No. 5823 of 2026

¶38

five years, whichever is earlier. Now, the petitioner’s tenure is due to end by March, 2026. But so far, there is no recruitment to the post of President, District Consumer Disputes Redressal Commission, Dindigul. In the light of the decision of the Hon’ble Apex Court as stated supra, the respondents are directed to permit the petitioner to continue the service as President, District Consumer Disputes Redressal Commission, Dindigul, till the completion of recruitment process under the new Rules.

¶39