MAHARASHTRA EXCISE DEPARTMENT — GOVERNMENT RESOLUTION ANALYSIS

Document Type: Government Resolution (Shasan Aadesh) — Personnel / Administrative Order

Reference Number: EST-1719/Proc.157/RAUSU-1

Issued By: Government of Maharashtra, Home Department (गृह विभाग), Chief Secretary's Office, Mumbai-400 032

Effective Date: 14 December 2020 (वदनाांक:- 14 विसेंबर, 2020) — Order effective immediately (तात्काळ अांमलात)

Portal ID: 1476

Digital Signature Reference: 202012141331105729

SUMMARY

This Government Resolution pertains to promotion and posting of Deputy Forest Inspectors to the post of Forest Inspector (Group B) in the State Excise Department. The order grants temporary ad hoc promotion to 19 officers (Deputy Forest Inspectors, Category C) to the rank of Forest Inspector (Group B) and transfers them to specified revenue (महसूली) divisions across Maharashtra. The promotions are temporary in nature and are subject to conditions including a Supreme Court order (Writ Petition No. 28306/2017) and seniority principles. No permanent tenure or seniority rights are conferred by this temporary promotion.

KEY PROVISIONS

1. PROMOTION AND POSTING DETAILS

Temporary Promotion Granted:

• Cadre: Deputy Forest Inspector (Category C) → Forest Inspector (Group B)
• Nature: Open competitive basis (खुल्या प्रिगातून)
• Basis: Promotion list 2019-20
• Effective: Immediate implementation
• Promotion List Year: 2019-20

2. OFFICERS PROMOTED AND POSTED

The following 19 officers are promoted temporarily and posted as follows:

3. CONDITIONS OF TEMPORARY PROMOTION

The temporary promotion is granted subject to the following conditions:

Condition 1: Supreme Court Order Compliance

• The promotion is granted on open competitive basis in accordance with and subject to the Supreme Court decision in Special Leave Petition (SLP) No. 28306/2017.
• The promotions are conditional upon the outcome of this Supreme Court case.
• Seniority principles shall be applied as per the Court decision.

Condition 2: No Permanent Rights Conferred

• This is a temporary ad hoc promotion (तात्पुरत्या स्ि�पात).
• Officers are NOT entitled to:
  • Permanent appointment
  • Regularization (नियवमतपण)
  • Seniority rights (सेिाज्येष्ठतेचा कोणताही हक्क)
• The temporary nature of promotion shall not confer any right to permanence or seniority as per the promotion list.

Condition 3: Scope of Promotion

• This is strictly an open competitive promotion.
• Seniority-based claims do not apply to this promotion.

4. IMPLEMENTATION & AUTHORITY

• Order Implementation: Immediate (तात्काळ अांमलात)
• Authority Issuing: Deputy Secretary, Maharashtra Government, Home Department
• Signatory: Yuvraj B. Ajetraav, Deputy Secretary, Maharashtra Government
• Execution: Digital signature (विवजटल स्िाक्षर)
• Government Portal: www.maharashtra.gov.in
• Reference Number on Portal: 202012141331105729

5. DISTRIBUTION / NOTIFICATION

This order is distributed to:

1. Commissioner, State Excise, Maharashtra State, Mumbai — Principal implementing authority
2. Accountant General-1/2 (Audit/Accounts) — Maharashtra State, Mumbai and Nagpur
3. All Divisional Deputy Commissioners/Superintendents, State Excise
4. Concerned District Treasury Officers
5. Grant and Accounts Officer, Mumbai
6. Administrative Officer, RAUSU-2 & RAUSU-3, Home Department, Ministry, Mumbai
7. Concerned Officers (via Commissioner, RAUSU Office)
8. Government Records/File

WHO IS AFFECTED

• 19 Deputy Forest Inspectors (State Excise Department) — directly promoted and transferred
• State Excise Commissioner — responsible for implementation
• All Divisional Excise Superintendents — affected by posting changes
• District Treasury Officers — affected for payroll adjustments

IMPORTANT NOTES / CONDITIONS / PENALTIES

Critical Conditions:

1. Temporary Nature is Absolute:

   • No officer can claim permanent appointment based on this order.
   • No seniority rights can be claimed from the date of this temporary promotion.

2. Supreme Court Case Pending:

   • The validity and continuance of this promotion is subject to the outcome of SLP No. 28306/2017 in the Supreme Court of India.
   • If the Supreme Court overturns the promotion system or awards seniority differently, these promotions may be affected.

3. No Appeal/Revision Rights:

   • The order does not explicitly provide for appeal rights, but officers are bound by the Supreme Court decision referenced.

4. Seniority Principles:

   • The promotion is on an open competitive basis, meaning seniority in the previous cadre does not determine final promotion order or seniority in the new rank.
   • Final seniority shall be determined per Supreme Court order in SLP No. 28306/2017.

5. Immediate Effect:

   • All officers must assume charge at their new posting stations immediately.
   • No delay in transition is permitted.

LEGAL REFERENCES CITED IN DOCUMENT

• Supreme Court Special Leave Petition No. 28306/2017 — Court order governs seniority and promotion validity
• Maharashtra Government Home Department Notification System
• Digital Signature Protocol — Order issued under digital signature authority

DOCUMENT STATUS

• Published On: Government of Maharashtra Portal (www.maharashtra.gov.in)
• Portal Reference: 202012141331105729
• Archival Status: Digitally signed and available on official government portal
• Language: Marathi (Original) with English translation provided above

END OF ANALYSIS