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Case Analysis Chaya Tulshiram Kharat And Others vs Honble Governor, State Of Maharashtra, Mumbai And Others 2026 BHC-NAG 7324-DB
Synopsis
Anganwadi sevikas (over 22 years of service) challenged a government rule that reduced the maximum age for promotion to supervisor from 55 years to 45 years. the petitioners had been eligible for promotion since 2004 under the earlier rules, but no promotions were made for nearly two decades. the state justified the age reduction by arguing that older sevikas (near 55) would find it difficult to supervise 25 anganwadi centres. the bombay high court struck down the rule, holding that (i) it violated articles 14 and 16 as it was arbitrary and created unreasonable discrimination; (ii) there was no rational nexus between the age restriction and the object of effective supervision; (iii) it violated the doctrine of legitimate expectation; and (iv) it was applied retrospectively, causing prejudice to sevikas who had already crossed 45 years while awaiting promotion.
Court: High Court of Judicature at Bombay, Nagpur Bench
Coram: Hon’ble Mr. Justice Anil S. Kilor and Hon’ble Mr. Justice Raj D. Wakode (Division Bench)
Date of Judgment: Not explicitly mentioned (uploaded as 2026:BHC-NAG:7324; order dated 5th May? The file shows 902.WP.2147.2023.odt, but judgment date not given; likely May 2026)
Citation: 2026:BHC-NAG:7324
Core Law: Constitutional Law – Articles 14, 16 (equality, non‑arbitrariness, reasonable classification); Service law – promotion, age restriction, legitimate expectation.
1. Heading of the judgment
High court of judicature at bombay nagpur bench
Writ petition no. 2147 of 2023
Chaya tulshiram kharat and others (petitioners) vs. Honble governor, state of maharashtra, mumbai and others (respondents)
Coram: hon’ble mr. justice anil s. kilor and hon’ble mr. justice raj d. wakode
Date: (order uploaded on 2026:b hc-nag:7324)
2. Legal framework
Major laws and provisions involved:
Constitution of india, 1950 – article 14 (equality before law, prohibition of arbitrariness), article 16 (equality of opportunity in public employment)
Service ent
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