Court Restores Maximum Age for Promotion to Supervisors at 55 Years, Citing Violation of Legitimate Expectation and Discriminatory Practices
In a significant ruling dated August 21, 2026, the Bombay High Court (Circuit Bench at Kolhapur) struck down the Government Resolution dated July 3, 2026, which had reduced the maximum permissible age for promotion of Anganwadi Sevikas to Supervisors from 55 years to 50 years. The judgment, delivered by Justices Sharmila U. Deshmukh and Neeraj P. Dhote, held that the reduction was discriminatory, violated the doctrine of legitimate expectation, and infringed Articles 14 and 16 of the Constitution of India.
The petitioners, Anganwadi Sevikas appointed between 2006 and 2008, challenged the 2026 Government Resolution that capped the maximum age for promotion at 50 years. This was in stark contrast to earlier Government Resolutions dated November 17, 2001, and a corrigendum on December 7, 2001, which had fixed the maximum age limit at 55 years. The petitioners contended that their legitimate expectation to be considered for promotion up to 55 years, established by the earlier resolutions, was being infringed upon.
The court took cognizance of a prior decision by the Nagpur Bench of the Bombay High Court in Writ Petition No. 2147 of 2023, which had declared a similar Service Entry Rule reducing the age limit to 45 years as unconstitutional. The Nagpur Bench emphasized that lowering the age limit unfairly allowed juniors to supersede seniors, thereby violating the principle of equality under Article 14.
In the present case, the State Government defended the reduction by highlighting the differing retirement ages of Anganwadi Sevikas (65 years) and Supervisors (58 years), arguing that the lower age limit would maximize benefits for appointees. However, the court observed that the petitioners had consciously opted to seek promotion under the existing retirement age criteria, which should be respected.
Applying the doctrine of legitimate expectation, the court ruled that the fresh Government Resolution of July 3, 2026, was unsustainable as it deprived the petitioners and similarly placed employees of their rightful promotional opportunities. It quashed the 2026 Resolution and restored the maximum promotion age to 55 years as per the 2001 resolutions.
Further, the court directed the authorities to issue a fresh advertisement for the Supervisor posts, adhering to the 55-year age limit and other eligibility criteria from the earlier Government Resolutions. This decision ensures that senior Anganwadi Sevikas will not be unfairly deprived of promotion in favor of junior employees.
The ruling reaffirms the principle that service conditions and promotional rules, once established and relied upon by employees, cannot be arbitrarily altered to their detriment without valid justification, thereby upholding fairness and equality in public employment.
Bottom Line:
Reduction of maximum permissible age for promotion from 55 to 50 years for Anganwadi Sevikas held discriminatory and violative of legitimate expectation. Government Resolution dated 3rd July, 2026 quashed, restoring the age limit to 55 years as per earlier resolutions.
Statutory provision(s):
Article 14, Article 16 of the Constitution of India; Government Resolutions dated 17th November 2001 and 7th December 2001; Service Entry Rules, 2021 (Rule 7(1)(c))
