MAHARASHTRA EXCISE OFFICIAL DOCUMENT ANALYSIS

Document Type: Government Resolution (शासन आदेश) — Administrative Promotion Order

Reference Number: EST-2724/PR.256/RAOUSU-1

Issued By: Government of Maharashtra, Home Department (गृह विभाग)

Date of Issue: 05 February 2025

Effective Date: Immediate (तात्काळ अंवलात येतील)

SUMMARY

This Government Resolution promotes five Office Superintendents (Group-A) from the State Excise Department (राज्य उत्पादन शुल्क विभाग) to the position of Assistant Commissioner (Group-B). The promotions are made from the duly prepared merit list (निर्णय निर्देशिका) of 2023-24. Each promoted officer is assigned to a specific posting location. The promotion is subject to multiple judicial stay orders and conditions, and confers no permanent rights to the promoted officers.

KEY PROVISIONS

1. Promoted Officers and Postings:

2. Conditions of Promotion:

Condition 1 — Merit List Validity:

• The promotion is subject to the condition that no senior officer was omitted or passed over inadvertently while preparing the merit list (निर्णय निर्देशिका).

Condition 2 — Judicial Stay / Interim Status:

• The promotion is granted provisionally and temporarily only (निव्वळ तात्पुरत्या स्वरूपात).
• It remains subject to Special Leave Petition No. 28306/2017 pending in the Maharashtra Supreme Court.
• All promotions in this quota are allocated based on seniority as of 25.05.2004 as per Government Decision of 07.05.2021 (SAP.VI./16-B).
• A challenge has also been filed in the Mumbai High Court to the Government Decision of 07.05.2021, and the promotion remains subject to the final judgment of that court.

Condition 3 — Person with Disability (PwD) Promotions:

• Promotions of officers with disabilities from Group-A to Group-B are subject to the judgment of the Mumbai High Court dated 22.07.2021.
• All vacant positions for promotion with disability reservation are allocated as per Government Decision of 05.07.2021 (SAP.VI./16-A) and Government Letter of 23.07.2021.

Condition 4 — No Permanent Rights:

• Because this promotion is purely temporary in nature, the promoted officers shall acquire NO RIGHTS TO PERMANENCE (निर्णयनचे कोणतेही हक्क प्राप्त होणार नाहीत) from this temporary promotion.

Condition 5 — No Departmental Inquiry:

• No departmental inquiry proceedings are pending or contemplated against any officer named in the merit list.

IMPORTANT NOTES / CONDITIONS / PENALTIES

1. Temporary Status Only:

• The promotion is TEMPORARY and PROVISIONAL in nature. Officers have no entitlement to permanent appointment.
• The promotion remains subject to:
  • Special Leave Petition No. 28306/2017 in the Maharashtra Supreme Court
  • Challenge in Mumbai High Court against the 07.05.2021 Government Decision
  • Final judgment of the Mumbai High Court in above matter

2. Judicial Stays:

• Special Leave Petition No. 28306/2017 (Supreme Court) — relating to promotion quota allocation and seniority
• Government Decision of 07.05.2021 challenged in Mumbai High Court
• Judgment of Mumbai High Court dated 22.07.2021 regarding disability promotions
• All promotions are subject to final outcome of these matters

3. Anti-Coercion Clause:

• Any officer attempting to exert pressure directly or indirectly to modify this order shall be deemed to have committed misconduct under Rule 23 of the Maharashtra Civil Service (Conduct) Rules, 1979.
• Such misconduct shall result in disciplinary action (शिस्तभंग विषयक कारवाई).

4. Immediate Effect:

• The order comes into effect immediately.

5. No Grievance Against Merit List Preparation:

• Any officer omitted from the merit list cannot raise grievance of being "passed over" except through proper legal channels (appeal/judicial review).

DISTRIBUTION / NOTIFICATION

The order has been:

• Published on the Government of Maharashtra website: www.maharashtra.gov.in
• Reference Number: 202502051150039429
• Digitally signed by: Ravindra Aute, Deputy Secretary, Government of Maharashtra

Copies Distributed To:

1. Commissioner, State Excise, Maharashtra State, Mumbai
2. Chief Accountant-1/2 (Audit/Accounts Admissibility), Maharashtra State, Mumbai and Nagpur
3. All Divisional Deputy Commissioners, State Excise
4. Respective Assistant Commissioners, State Excise (promoted officers)
5. Grant and Accounts Officer, Mumbai
6. Respective District Treasury Officers
7. Administrative Officer, RAOUSU-2 and RAOUSU-3, Home Department, Ministry, Mumbai
8. File/Record

WHO IS AFFECTED

• Five specific Office Superintendents (Group-A) of the State Excise Department (RAOUSU) as named in the order
• All five officers are promoted to Assistant Commissioner (Group-B) position
• Jurisdictions affected: Mumbai, Nagpur, Nashik, Pune, Kolhapur (departmental offices)
• No direct impact on licensees — this is an internal administrative/personnel matter

LEGAL APPLICABILITY

This document does NOT affect:

• License holders (FL-I, FL-II, FL-III, FL-IV, CL-I, CL-II, CL-III, Toddy, Neera)
• Fee schedules
• Excise rules or regulations
• License application or renewal procedures

This document IS: An internal personnel/administrative order concerning promotions of State Excise Department employees.

CRITICAL NOTES FOR REFERENCE

1. Promotions are purely temporary — officers cannot claim permanence rights
2. Multiple judicial stays pending — final status depends on Supreme Court and High Court judgments
3. Seniority date: 25.05.2004 for quota allocation
4. No departmental inquiry is pending against any promoted officer
5. All five officers assume new positions immediately, but the promotion can be revoked if courts so decide

END OF ANALYSIS