MAHARASHTRA EXCISE DEPARTMENT — DOCUMENT ANALYSIS

Document Type: Government Resolution (Administrative Order – Personnel Promotion)

Reference Number: Government Resolution No. EST-2715/Pr.Cr.14/RAuShu-1

Issued By: Government of Maharashtra, Home Department (Grih Vibhag)

Date of Issue: 29 August 2015

Effective Date: From date of publication (29 August 2015)

Summary: This Government Resolution grants ad hoc promotion to Smt. U.R. Varma (Inspector, State Excise, Amravati) to the position of Deputy Commissioner (Senior Grade), Group A, State Excise Department. The promotion is temporary in nature and contingent upon approval from the Maharashtra Public Service Commission. She is subsequently posted as Divisional Deputy Commissioner, State Excise, Nagpur, against a vacant position. The promotion is temporary and limited to the duration of the deputization of Shri R. Salukhey or 11 months, whichever is earlier.

KEY PROVISIONS:

Promotion Details:

• Officer Promoted: Smt. U.R. Varma (यु.आर. वर्मा)
  • Current Position: Inspector (Adhikshak), State Excise, Amravati
  • Promoted Position: Deputy Commissioner (Senior Grade), Group A (उप आयुक्त, वरीष्ठ श्रेणी, गट-अ), State Excise Department
  • New Posting: Divisional Deputy Commissioner, State Excise, Nagpur (against vacant position after promotion)

Conditions of Promotion:

1. Promotion is subject to approval and clearance (मान्यता) from the Maharashtra Public Service Commission (महाराष्र लोकसेवा आयोग)

2. Promotion is subject to the final judgment in Writ Petition No. 7253/2015 pending before the Hon'ble High Court of Maharashtra in the context of the Reservation Act, 2001 (आरक्षण अधिनियम-2001)

3. Temporary Nature: The promotion is strictly temporary (तदर्थ, तात्पुरत्या स्वरूपाची) and is granted against the vacancy created due to the deputization of Shri R. Salukhey, Deputy Commissioner (Senior Grade), Group A, State Excise.

4. Duration of Temporary Promotion: The promotion shall remain valid until:

   • Shri R. Salukhey returns from his deputization, OR
   • 11 months from the date of this order, whichever is earlier (या कालाविीपयंत)

5. After promotion, Smt. U.R. Varma's posting is transferred to Divisional Deputy Commissioner, State Excise, Nagpur.

ADMINISTRATIVE HIERARCHY & CIRCULATION:

Authority Issuing Order: Government of Maharashtra, Home Department, by order of the Governor (महाराष्राचे राज्यपाल याांच्या आदेशानुसार)

Signed By: Shri A.N. Ghagare (अ.न.शा.घागे), Joint Secretary, Home Department, Maharashtra Government

Document Portal: Maharashtra Government Website (www.maharashtra.gov.in)

• Portal Reference ID: 201508291208501529
• Authentication: Digital signature authenticated document

DISTRIBUTION (Prat — Circulation List):

1. Commissioner, State Excise, Maharashtra State, Mumbai
2. Accountant General - 1/2 (Audit/Accounts & Eligibility), Maharashtra, Mumbai/Nagpur
3. Divisional Deputy Commissioner, State Excise, Nagpur
4. All Divisional Deputy Commissioners, State Excise
5. Director (Implementation & Efficiency), State Excise, Mumbai
6. District Treasury Officer, Nagpur/Amravati
7. All Inspectors, State Excise
8. Private Secretary to the Hon'ble Chief Minister, Secretariat, Mumbai
9. Private Secretary to the Minister (Excise), Secretariat, Mumbai
10. Principal Secretary (Excise) — own assistant
11. Smt. U.R. Varma, Inspector, State Excise, Amravati
12. Office File, Excise-1, for record

WHO IS AFFECTED:

• Smt. U.R. Varma — Individual promoted officer
• State Excise Department hierarchy — All senior officials (Commissioners, Divisional Deputy Commissioners, Inspectors) who must recognize her new position
• Maharashtra Public Service Commission — Must grant approval/clearance
• High Court of Maharashtra — Ongoing litigation (Writ Petition 7253/2015) on reservation issues
• Divisional Deputy Commissioner's Office, Nagpur — Receives the promoted officer as new head

IMPORTANT NOTES / CONDITIONS / LEGAL CONTINGENCIES:

1. Conditional Nature: The promotion is not absolute. It depends upon:

   • Approval from Maharashtra Public Service Commission
   • Non-adverse judgment in High Court Writ Petition 7253/2015 (Reservation Act matter)

2. Temporary Status: This is explicitly a temporary/ad hoc promotion (तदर्थ पदोन्नती). It is NOT a permanent or substantive promotion. The officer does not acquire permanent rights to the higher post.

3. Vacancy Dependency: The promotion exists solely because Shri R. Salukhey is on deputization. Upon his return from deputization, the promotion automatically ceases.

4. Time Limitation: Even if Shri Salukhey remains on deputization beyond 11 months, Smt. Varma's promotion expires after exactly 11 months from 29 August 2015 (i.e., by 29 July 2016).

5. Pending Litigation Risk: The reference to Writ Petition 7253/2015 (reservation case) indicates that the promotion could potentially be affected by the High Court's decision. This creates legal uncertainty.

6. Transfer Upon Promotion: The promotion is coupled with an immediate transfer from Amravati (Inspector) to Nagpur (Divisional Deputy Commissioner). The officer cannot remain in Amravati after promotion.

7. No Financial Implication Stated: This document does not specify salary, allowances, or financial benefits of the promoted position — those are covered by separate pay commission/government resolutions.

LEGAL SIGNIFICANCE FOR EXCISE ADMINISTRATION:

• Department: This is a personnel administration matter, not a rule/policy affecting license holders
• License Issuance Impact: NONE — does not affect FL-I, FL-II, FL-III, FL-IV, CL-I, CL-II, CL-III, Toddy, or Neera licenses
• Regulatory Impact: NONE — does not amend or modify the Bombay Prohibition Act 1949, Bombay Foreign Liquor Rules 1953, or Maharashtra Country Liquor Rules 1973
• Procedural Impact: NONE — does not change any application procedures, fee structures, or licensing conditions

CONCLUSION:

This is a personnel order (शासन आदेश) confirming temporary ad hoc promotion of an individual officer. It has no direct bearing on excise laws, licensing procedures, or fee structures. It is purely administrative and affects only the internal hierarchy of the State Excise Department.