DOCUMENTS/ENCLOSURES REQUIRED:

No specific forms or enclosures are mentioned in this GR as it is a personnel-based administrative order, not an application-based document. However, the following supporting documents would have been filed with the High Court and are referenced:

• Confidential Report of Shri. P.D. Golekar
• Service records (1991–2007)
• Pay scale records for both positions
• Retirement benefit calculation statements

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WHO IS AFFECTED:

Exclusively: Shri. P.D. Golekar (Retired), Deputy Commissioner, Maharashtra State Excise Department

NOT affected:

• Any liquor license holders (FL-I, FL-II, FL-III, FL-IV, CL-I, CL-II, CL-III, Toddy, Neera, etc.)
• Any excise fees or license procedures
• Any Bombay Prohibition Act 1949 rules
• Any foreign liquor or country liquor rules
• No excise policy changes

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IMPORTANT NOTES / CONDITIONS / PENALTIES:

Judicial Precedent

• Writ Petition No. 1657/1998 was decided on 25 July 2017 by High Court of Bombay, Nagpur Bench
• The Court found:
  1. Promotions at each stage of first promotion in the same cadre must be merit-based only
  2. Shri. Golekar's confidential report was higher graded than senior officers in the service
  3. Original promotion order dated 08 February 1991 was legally flawed
  4. Retrospective correction to 01 February 1991 was mandated
  5. Civil Application and Review Petition(s) are pending in the same High Court bench; all benefits remain conditional on final High Court disposal

  Implementation Challenges

  1. MPSC Consent Still Required: Although High Court mandated the appointment, MPSC formal approval is still a condition (this may delay final payment)
  2. Pending Litigation: Review Petition(s) could result in further orders modifying or suspending implementation
  3. Retroactive Salary Calculations: Complex accounting required due to 16-year arrear period (08.02.1991 to 31.01.2007) involving:
     • Multiple pay commission revisions
     • Inflation adjustments
     • Interest calculations on retirement benefits
     • Leave balances accrued

     Financial Authority

     • This GR is issued under the delegated authority granted to the administrative department via Government Resolution dated 21 August 2015 (SRV-2015/VIP210/Pr.Cr.412/Ka-12) by the General Administration Department
     • Finance Department Informal Approval obtained vide Reference No. विवि/शिकांता/374 dated 19 July 2018

     Publication & Digital Authentication

     • GR published on official Maharashtra Government portal: www.maharashtra.gov.in
     • Portal Reference Code: 201807191707589029
     • Authentication: Digitally signed (डिजिटल स्वाक्षरीने साक्षांकित)
     • Signed by: Pu. Hi. Vagde, Deputy Secretary (सह सचिव), Maharashtra Government

     Distribution (Prati)

     This GR was transmitted to:

     1. Commissioner, State Excise, Maharashtra State, Mumbai
     2. Deputy Secretary, General Administration Dept (Office-12/16-B), Mantralaya, Mumbai
     3. Deputy Secretary (Service-3), Finance Dept, Mantralaya, Mumbai
     4. Accountant General-1/2 (Audit/Accounts & Entitlements), Maharashtra State, Mumbai/Nagpur
     5. Grant and Account Officer, Mumbai
     6. Resident Accountant Officer, Mumbai
     7. Shri. P.D. Golekar (Retired), Deputy Commissioner, State Excise (via Commissioner, State Excise)
     8. Record file (State Excise-1)

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     LEGAL & PROCEDURAL NOTES:

     This GR is NOT an Excise Regulation

     This is purely a personnel/service matter resolution addressing the promotion and retirement benefits of a State Excise Department officer. It does NOT modify, amend, or create any provision under:

     • Bombay Prohibition Act 1949
     • Bombay Foreign Liquor Rules 1953
     • Maharashtra Country Liquor Rules 1973
     • Any subordinate excise rules

     Relevance to Excise Operations

     The only connection to the Excise Department is that the beneficiary officer (Shri. Golekar) held a position within it. The GR has zero operational impact on:

     • License issuance
     • Fee collection
     • Inspection procedures
     • License categories or fees
     • Compliance requirements for licensees

     Fiscal Impact (State Budget)

     Estimated financial outgo to State budget: Salary arrears (16 years × salary differential) + recalculated retirement benefits with interest. Exact amount not disclosed in this GR but referenced to Finance Department approval dated 19 July 2018.

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     CONCLUSION:

     This is a court-directed corrective personnel order with no excise law or licensing impact. It addresses an individual officer's promotion, salary arrears, and retirement benefits following a High Court judgment. All liquor licensees and excise operations remain unaffected.