Bombay High Court Strikes Down ICDS Promotion Age Rule

The Bombay High Court has declared unconstitutional a Maharashtra government rule that reduced the maximum age for promotion of Anganwadi Sevikas to the post of Supervisor from 55 years to 45 years. The Court held that the rule violated the doctrine of legitimate expectation and unfairly discriminated against senior workers.

A Division Bench comprising Justice Anil S. Kilor and Justice Raj D. Wakode delivered the ruling while hearing a petition filed by Anganwadi Sevikas from Akola district. The petition challenged Rule 7(1)(c) of the Maharashtra ICDS Service Entry Rules, 2021.

The petitioners argued that they had completed over two decades of service and became eligible for promotion between 2004 and 2008 under earlier government policies. However, the State later reduced the promotion age limit, making many experienced workers ineligible.

The Court observed that the retrospective application of the amended rule caused serious prejudice to employees who had waited years for promotion opportunities. It further noted that allowing younger and less experienced workers to become Supervisors while excluding senior Sevikas was arbitrary and violated Articles 14 and 16 of the Constitution.

Rejecting the State’s justification based on efficiency and workload, the Bench held that the classification lacked any rational basis. Consequently, the Court quashed the impugned rule and related government communications.