Page No.# 1/4 GAHC010181042026 2026:GAU-AS:12250 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4605/2026 DR. SURESH DUTTA SON OF LATE KALIA DUTTA. RESIDENT OF NAKARI NAGAR, WARD NO- 2, P.O. AND P.S.- NORTH LAKHIMPUR, DISTRICT- LAKHIMPUR, ASSAM, PIN- 787001. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, E- BLOCK, DISPUR, GUWAHATI- 781006. 2:THE ADMINISTRATIVE OFFICER -CUM-REGISTRAR ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION HOUSEFED COMPLEX DISPUR GUWAHATI-781006 Advocate for the Petitioner : MR. S A HUSSAIN, MR D J HALOI,G BORO Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 26.08.2026 Heard Mr. D. J. Haloi, learned counsel for the petitioner and Mr. D. Mozumdar, learned Additional Advocate General, Assam, assisted by Ms. D. D. Barman, learned Additional Senior Government Advocate, Assam, for the Page No.# 2/4 respondents. [2.] Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for disposal at this stage. [3.] It is the case of the petitioner that he was appointed as Member of the District Consumer Disputes Redressal Commission in the district of Lakhimpur vide Notification dated 08.03.2022 for a term of four (4) years or up to sixty-five (65) years of age, whichever is earlier. After the four (4) year term expired, the tenure of the petitioner was extended till 27.08.2026 i.e., the date on which he would be attaining the age of sixty-five (65) years. The Extension Order was issued vide Notification dated 12.03.2026. [4.] It is further the case of the petitioner that the Hon’ble Apex Court vide Judgment dated 21.05.2025 passed in Civil Appeal No. 9982 of 2024 arising out of SLP(C) No. 25612 of 2023 (Ganeshkumar Rajeshwarrao Selukar v. Mahendra Bhaskar Limaye) at paragraph No. 102.4 of the Judgment directed that the President and the Member of the State and District Commissions, who have been appointed and serving prior to Limaye – I (Civil Appeal No. 831-833 of 2023) shall be allowed to complete their tenure in entirety and 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. The learned counsel, therefore, submits that in view of the direction of the Hon’ble Apex Court, since the new Rules have not been framed, the petitioner should be allowed to continue. [5.] The learned counsel also submits that a similar issue had also cropped up before the High Court of Rajasthan, wherein, the High Court declined to grant Page No.# 3/4 protection to the petitioner for continuation of his service as Member of the State Consumer Redressal Commission. The petitioner, therefore, approached the Hon’ble Apex Court through SLP(C) No. 36217 of 2025 and the Hon’ble Apex Court vide Order dated 19.01.2026, as an interim measure, directed the re- employment of the concerned Member (Judicial) of the State Consumer Disputes Redressal Commission until further orders, in view of the direction made in Ganeshkumar Rajeshwarrao Selukar (supra). [6.] The learned counsel submits that the petitioner is also similarly situated and a similar direction may be passed in the instant case. He, however, submits that a representation was submitted by the petitioner to the Commissioner & Secretary to the Government of Assam, Food Public Distribution and Consumer Affairs Department, through the Administrative Officer-cum-Registrar, Assam State Consumer Disputes Redressal Commission and also through the District & Sessions Judge-cum-President, District Consumer Disputes Redressal Commission on 01.08.2026 and the same was in turn forwarded to the Secretary to the Government of Assam, Food, Public Distribution and Consumer Affairs Department by the Administrative Officer-cum-Registrar, Assam State Consumer Disputes Redressal Commission on 05.08.2026 and received by the addressee on 06.08.2026. However, the representation has not been considered till date. The learned counsel, therefore, submits that the said representation may be directed to be considered and disposed of within a time frame. [7.] The learned Additional Advocate General, Assam, submits that since the representation is said to be pending, he has no objection if a direction is given to dispose of the same. [8.] Considering the above, the writ petition is disposed of by directing the Page No.# 4/4 Secretary to the Government of Assam, Food, Civil Supplies & Consumer Affairs Department (respondent No. 1) to consider and dispose of the representation of the petitioner dated 01.08.2026 by passing a reasoned and speaking order within a period of fifteen (15) days from the date of receipt of a certified copy of this Order. [9.] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant