MAHARASHTRA EXCISE DEPARTMENT — GOVERNMENT RESOLUTION ANALYSIS

Document Type: Government Resolution (शासन निर्णय) — Personnel/Administrative Order

Reference Number: IST-2711/Pr.Cr.267/RAUSHRU-1

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

Date of Issue: 19 September 2018

Effective Date: 25 June 2007 (the seniority date granted to the officer)

SUMMARY

This Government Resolution approves the promotion of Shri Y. P. Sawant from the position of Deputy Commissioner (Administration), State Excise [FL-III Category – Group A] with a seniority date (मानीव दिनांक) of 25 June 2007. The resolution rectifies an error in the recruitment process for the 2006-07 and 2007-08 selection lists where the reserved category was incorrectly applied. The corrected selection lists for 2006-07, 2007-08, 2008-09, and 2010-11 have been approved by the General Administration Department. The officer is entitled to notional salary (काल्पनिक वेतन) during the period between the seniority date and actual assumption of duties, subject to approval by the Maharashtra Public Service Commission.

KEY PROVISIONS

1. PROMOTION SANCTION

• Shri Y. P. Sawant, Officer in State Excise Department, is promoted to the position of Deputy Commissioner (Administration) (गट-ए), State Excise (राज्य उत्पादन शुल्क).
• Promotion is granted from the corrected 2007-08 selection list (सुधारित निवडसूची).

2. SENIORITY DATE (मानीव दिनांक)

• Seniority date fixed as: 25 June 2007 (दिनांक 25.06.2007)
• This is the date Shri Sawant became eligible for promotion from the 2007-08 selection list.
• This date is subject to approval by the Maharashtra Public Service Commission (महाराष्ट्र लोकसेवा आयोग).

3. RECTIFICATION OF RECRUITMENT IRREGULARITY

• The 2006-07 and 2007-08 selection lists contained incorrect reservation provisions (चुकीच्या पद्धतीने आरक्षण).
• Corrected selection lists have been prepared for the following years:
  • 2006-07
  • 2007-08
  • 2008-09
  • 2010-11
  • (Note: No selection list was prepared for 2009-10 by the department)
• These corrected lists have been approved by the General Administration Department (सामान्य प्रशासन विभाग).

4. NOTIONAL SALARY (काल्पनिक वेतन)

• Shri Sawant is entitled to notional salary and allowances from 25 June 2007 (the seniority date) to the date he actually assumed charge of the promoted post.
• Arrears of salary and allowances for the period during which notional salary was credited are NOT payable to Shri Sawant.

5. AUTHORITY AND COMPLIANCE BASIS

• This order is issued under powers delegated to the administrative department by the General Administration Department vide Government Resolution dated 21 August 2015.
• The order is issued with the consent of:
  • General Administration Department (informal references):
    • Ref. No. 826/काया-12
    • Ref. No. 1252/2017/काया-12
    • Ref. No. 195/2018/काया-12, dated 01 March 2018
  • Finance Department (informal reference):
    • Ref. No. 116/18/सेवा-3, dated 09 April 2018

6. LEGAL FRAMEWORK

• This order is issued in accordance with:
  • Rule 4, Sub-rule (2), Section (ब) (proviso) of the Maharashtra Civil Service (Seniority Regulation) Rules, 1982
  • Rule 5(4) of the same Rules

7. PUBLICATION AND DIGITIZATION

• The Government Resolution is published on the official Maharashtra Government website: www.maharashtra.gov.in
• Portal Reference ID: 201809191335054029
• The order is issued with digital signatures (डिजीटल स्वाक्षरीने साक्षांकित).

8. REFERENTIAL AUTHORITY

• This order is issued by order and on behalf of the Governor of Maharashtra (महाराष्ट्र के राज्यपाल).

DISTRIBUTION LIST (प्रत:)

The Government Resolution has been forwarded to:

1. Commissioner of State Excise, Maharashtra State, Mumbai
2. Shri Y. P. Sawant, Deputy Commissioner (Administration) (Group A), State Excise
3. Deputy Secretary, General Administration Department (काया-12/16-ब), Mantralaya, Mumbai
4. Deputy Secretary (सेवा-3), Finance Department, Mantralaya, Mumbai
5. Accountant General-1/2 (Audit/Accounts & Entitlements), Maharashtra State, Mumbai/Nagpur
6. Gazetted Accounts Officer, Mumbai
7. Resident Accounts Officer, Mumbai
8. Selection Committee (RAUSHRU-1)

WHO IS AFFECTED

• Shri Y. P. Sawant — Deputy Commissioner (Administration), Group A, State Excise Department
• Maharashtra Public Service Commission — required to grant final approval to the seniority date
• State Excise Department — for implementation and financial adjustments
• Finance and Accounts Authorities — for salary disbursement and notional salary processing

IMPORTANT NOTES / CONDITIONS / PENALTIES

Conditions:

1. Subject to MPSC Approval: The seniority date of 25 June 2007 is granted subject to approval by the Maharashtra Public Service Commission. Until such approval is received, the order remains conditional.

2. Notional Salary Restrictions:

   • Notional salary is allowed only from 25 June 2007 to the date Shri Sawant actually assumed charge.
   • Arrears are explicitly NOT payable — this is a significant financial restriction.

3. Reference to Earlier Orders: The promotion is sanctioned based on corrected selection lists that were themselves approved due to previous errors in the 2006-07 and 2007-08 recruitment process.

No Penalties Mentioned:

• This is an administrative order correcting a promotion process; no penalties for non-compliance are specified.
• It is an order issued to the officer and relevant administrative authorities, not a directive to licensees or the general public.

Special Circumstances:

• This order addresses a retrospective correction of recruitment procedures that were found to be irregular.
• The officer's entitlement to seniority and promotion has been validated despite the procedural defect because the corrected selection lists have now been officially recognized.

EXCLUSIONS / NON-APPLICABILITY

This Government Resolution applies ONLY to State Excise Department personnel matters and has NO application to:

• Liquor license holders (FL-I, FL-II, FL-III, FL-IV, CL-I, CL-II, CL-III, Toddy, Neera, manufacturing permits, etc.)
• Excise fee schedules or fee revisions
• Licensing procedures or rules
• Any substantive excise law or regulations

MARATHI-TO-ENGLISH KEY TERMS USED IN DOCUMENT

END OF ANALYSIS