Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11856 WP No. 7813 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 7813 OF 2025 (S-RES) BETWEEN:
SMT. C. RENUKAMBA W/O. SRINIVASAIAH AGED 63 YEARS EX. IN-CHARGE PRESIDENT KODAGU DISRICT, CONSUMER DISPUTES REDRESSAL COMMISSION MADIKERI - 571 201.
KODAGU DISTRICT …PETITIONER (BY SRI. MAMATA GURURAO KULKARNI, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001
2.
DEPARTMENT OF FOOD CIVIL SUPLY AND CONSUMER AFFAIRS REPRESENTED BY ITS UNDER SECRETARY, VIKASA SOUDHA,
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:11856 WP No. 7813 of 2025
DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001
3.
THE KARNATAKA STATE CONSUMER DISPUTE REDRESSAL COMMISSION REP BY ITS REGISTRAR CUM ADMINISTRATIVE OFFICER BASAVA BHAVANA, HIGH GROUNDS BENGALURU - 560 001 …RESPONDENTS (BY SRI. SHIVAPRABHU S. HIREMATH, ADDITIONAL GOVERNMENT ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM BEARING NO KA.RA.AA/AADALITHA/02/2025 DATED 3-3-2025 ISSUED BY THIRD RESPONDENT, WITHOUT ANY AUTHORITY VIDE ANNEXURE-D, AND A WRIT OF MANDAMUS TO CONSIDER THE REPRESENTATION OF THE PETITIONER VIDE ANNEXURE-C DATED 01-02-2025 AND TO EXTEND THE TERM OF OFFICE, FOR SECOND TIME OR IN THE ALTERNATIVE CONTINUE THE SERVICE OF PETITIONER AS IN CHARGE PRESIDENT OF KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MADIKERI, TILL FRESH NOTIFICATION IS ISSUED AND APPOINTMENTS ARE MADE TO THE POSTS OF MEMBERS AND PRESIDENT OF DIFFERENT CONSUMER FORUM, THROUGH OUT STATE OF KARNATAKA, IN THE INTERESTS OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE R. NATARAJ
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NC: 2025:KHC:11856 WP No. 7813 of 2025
ORAL ORDER
The petitioner has sought for a writ in the nature of certiorari to quash the Official Memorandum bearing No. KA.RA.Aa/Aadalitha/02/2025 dated 03.03.2025 issued by third respondent and for a writ in the nature of Mandamus to consider the representation of the petitioner dated 01.02.2025 and to extend the term of office, for the second time or in the alternative to continue her service as in charge President of Kodagu District Consumer Disputes Redressal Commission, Madikeri, till a fresh notification is issued and appointments are made to the posts of Members and President of Kodagu District Consumer Forum.
2. The petitioner contends that she was appointed on honorarium basis, as a member of Consumer Redressal Forum, Chamarajanagar, on 10.03.2004. She thereafter, wrote exams and appeared for interview for the post of Member of District Consumer Commissions. The petitioner was selected and appointed as Member/Women Member (Temporary) of the said District Consumer Disputes Redressal Commissions vide Government Order bearing No;AA.NAA.SA. 15 Sa. La.Fa 2019
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NC: 2025:KHC:11856 WP No. 7813 of 2025
dated 03.03.2020 for a period of five years or completion of 65 years of age, whichever is earlier. She further contends that she was working as a Member of District Consumer Disputes Redressal Commission, Madikeri. Before completion of her term, she submitted a representation dated 01.02.2025 for extension of the term till new appointments are made. The respondent No.3 issued the official memorandum on 03.03.2025 relieving the petitioner and other similarly situated members. Aggrieved by the non
consideration of the representation, the petitioner is before this Court.
3. The learned counsel for the petitioner contends that the petitioner is entitled to be continued for the second term in view of the amendment to the Consumer Protection Rules, 2020. She contends that though the petitioner had initially served on honorarium and later on regular basis, she is entitled to continue for the next term in view of amended Rules.
4. The learned AGA for respondent-State on the other hand contended that the petitioner is not entitled to continue for the second term as she has exhausted both the terms and therefore, this writ petition is not maintainable and the
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NC: 2025:KHC:11856 WP No. 7813 of 2025
petitioner is not entitled to continue in service till fresh recruitments are made.
5. I have considered the submissions made by learned counsel for the petitioner and learned AGA for respondents.
6. It is not in dispute that the petitioner was earlier selected as a Member of the District Consumer Redressal Forum, Chamarajanagar on honorarium basis and later, was appointed on regular basis and her term came to end in the early part of March, 2025. This Court in W.P.No.200583/2025 while considering a similar situation had held that the petitioner therein is not entitled for extension of her term as the petitioner therein had served for two terms continuously. However, taking into account the pendency of the cases, this Court had opined that the services of the petitioner could be continued till fresh recruitment is made. There is no reason why the said benefit should not be extended for the petitioner as well.
7. Consequently, the writ petition is disposed of directing the respondents to extend the service of the petitioner
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NC: 2025:KHC:11856 WP No. 7813 of 2025
till
a fresh recruitment is made to the post of Member/President of District Consumer Disputes Redressal Forum. It is made clear that after the selection of the candidates to the post of Member/President of District Consumer Disputes Redressal Forum, the petitioner shall be relieved automatically and the selected candidate would be entitled to take charge.
8. The learned AGA is permitted to file a memo in this regard within ten days from today.
Sd/- (R. NATARAJ) JUDGE
JS List No.: 1 Sl No.: 4