MAHARASHTRA EXCISE DEPARTMENT — GOVERNMENT RESOLUTION ANALYSIS

Document Type: Government Resolution (शासन निर्णय)

Reference Number: MYS-1118/Pr.Cr.232/RAOSHU-1

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

Effective Date: 14 December 2021

Portal ID: 1508

Digital Signature Code: 202112141714265329

SUMMARY

This Government Resolution addresses the regularization of Scheduled Caste (SC) category employees in the State Excise Department who were appointed as SCs but could not produce valid caste validity certificates. Following a Supreme Court judgment (Civil Appeal No. 8928/2018 dated 6 July 2017) and subsequent High Court directions, the State Government approves the creation of supernumerary (अधिसंख्य) posts for the affected officers/employees and authorizes their placement in these posts. The resolution applies to 26 employees (23 junior staff and 3 officers) listed in Annexure-A and Annexure-B.

KEY PROVISIONS

Legal Basis and Precedent

• Supreme Court Judgment Cited: Civil Appeal No. 8928/2018 (Jagdish Balaram Bahira & Others v. Chairmen and Managing Director, FCI & Others), dated 6 July 2017

  • Finding: Employees appointed on SC quota but whose caste claims were subsequently invalidated are NOT entitled to protection under service rules

• High Court Order: High Court of Mumbai, Nagpur Bench, Writ Petition No. 3140/2008, order dated 28 September 2018

  • Direction: Implementation of Supreme Court judgment to be completed by 31 December 2019

• General Administration Department GRs Referenced:

  1. GR No. BCC-2018/Pr.Cr.308/16-B, dated 21 December 2019
  2. GR No. BCC-2020/Pr.Cr.187A/16-B, dated 30 June 2020
  3. GR No. BCC-2020/Pr.Cr.308/16-B, dated 30 June 2020
  4. GR No. BCC-2020/Pr.Cr.308/16-B, dated 27 November 2020
  5. General Administration Department, GR No. BCC-2020/Pr.Cr.308/16-B, dated 28 October 2021

Core Decision Points

Point 1: Creation of Supernumerary Posts for Junior Staff

• Government approval granted for creation of supernumerary (अधिसंख्य) posts for employees listed in Annexure-A (Schedule-A)
• These are employees appointed under SC quota who could not produce valid caste validity certificates
• Currently serving in the State Excise Department
• Posts created: Secondary Inspector (दुय्यम निरीक्षक) positions — quantity determined by Annexure-A listing

Point 2: Creation of Supernumerary Posts for Officers

• Government approval granted for creation of supernumerary posts for officers listed in Annexure-B (Schedule-B)
• These officers' services shall be placed on supernumerary posts
• Posts created:
  • 1 × Assistant Commissioner (सहाय्यक आयुक्त)
  • 2 × Inspector (निरीक्षक) posts
• Specific appointments enumerated in Annexure-B

Point 3: Appointment Order Issuance

• Responsible Authority: Commissioner, State Excise, Maharashtra, Mumbai
• Action Required: Issue appointment orders immediately following the model format prescribed in Annexure of General Administration Department GR dated 21 December 2019
• Reporting: Commissioner must submit a report to the Government regarding execution of appointment orders

Point 4: Tenure and Conditions of Supernumerary Placement

Initial Period:

• Duration: 11 months (eleven months)
• OR until employee's date of retirement, whichever is EARLIER
• Status: Temporary (तात्पुरत्या स्वरूपात)
• Governing Rules: GR No. BCC-2018/Pr.Cr.308/16-B, dated 21 December 2019; GR dated 27 November 2020; GR dated 28 October 2021

Extension Period (Second Phase):

• After initial 11-month period expires, further extension of 11 months may be granted
• Duration: Until employee's date of retirement OR until the Government receives recommendations from the Study Committee (अभ्यास गट) and passes final orders, whichever is EARLIER
• Prerequisite: Study Committee's recommendations must reach Government before extension orders can be finalized
• Status: Temporary extension (मुदतवाढ)

Point 5: Authority and Delegation

• This GR is issued pursuant to powers granted under:
  • GR No. BCC-2018/Pr.Cr.308/16-B, dated 21 December 2019 (General Administration Department)
  • GR No. BCC-2020/Pr.Cr.187A/16-B, dated 30 June 2020 (General Administration Department)

Point 6: Publication and Authentication

• Government Resolution published on official website: www.maharashtra.gov.in
• Digitally signed and authenticated
• Computer reference code: 202112141714265329

AFFECTED EMPLOYEES AND POSTS CREATED

ANNEXURE-A: JUNIOR STAFF (कर्मचारी)

(Supernumerary posts to be created for Secondary Inspector positions)

Total Employees in Annexure-A: 23 employees

ANNEXURE-B: OFFICERS (अधिकारी)

(Supernumerary posts to be created for officer positions)

Total Officers in Annexure-B: 3 officers

Total Posts to be Created Under This GR: 26 supernumerary posts

DISTRIBUTION OF POSTS

Posts for Annexure-A Employees:

• 10 × Secondary Inspector (दुय्यम निरीक्षक) posts
• 13 × Jawan/Constable (जवान) posts

Posts for Annexure-B Officers:

• 1 × Assistant Commissioner (सहाय्यक आयुक्त) post
• 2 × Inspector (निरीक्षक) posts

ADMINISTRATIVE DIRECTIVES

Department Responsibilities:

1. State Excise Commissioner's Obligations:

• Issue formal appointment orders immediately
• Follow the prescribed format from General Administration Department GR dated 21 December 2019 Annexure
• Submit compliance report to Government after issuing orders

2. Tenure Management:

• Monitor expiry dates of initial 11-month supernumerary tenure for each employee
• Track retirement dates for all affected employees
• Prepare extension proposals 30 days before expiry if continuation is required
• Coordinate with Study Committee for recommendations

3. Financial and Accounting:

• Chief Accountant and Grant Officer, Mumbai
• All District Treasurers (सर्व जिल्हा कोषागार अधिकारी) — process salary payments on supernumerary posts
• All Superintendents, State Excise (सर्व अधीक्षक, राज्य उत्पादन शुल्क) — manage payroll at district/field level

WHO IS AFFECTED

Primary: 26 employees and officers of the State Excise Department, Maharashtra

• 23 junior employees (categories C and D)
• 3 senior officers (category B)

Secondary:

• All State Excise Department divisional deputy commissioners
• All State Excise Department superintendents
• All district treasurers in Maharashtra
• Audit authorities (State Accountant General)

No Impact on:

• Regular licensed premises (FL/CL licensees)
• Excise revenue collection or licensing procedures
• Liquor licensing rules (BPA 1949, BFLR 1953, MCLR 1973)

IMPORTANT NOTES / CONDITIONS / PENALTIES

Tenure Limitations:

Critical Point — No Permanent Appointment:

• Supernumerary placement is TEMPORARY and NOT permanent
• Initial tenure: Exactly 11 months from date mentioned in GR
• Extension tenure: Maximum 11 months further — conditional on Study Committee recommendations
• No guarantee of absorption into regular cadre after supernumerary period ends

Contingency Clause:

• If employee's retirement date falls BEFORE completion of 11-month initial tenure, supernumerary tenure automatically terminates on retirement date
• Extension in second phase is contingent on:
  1. Employee still in service
  2. Study Committee submits recommendations
  3. Government passes final decision orders

Application to State Excise Only:

• This GR applies EXCLUSIVELY to State Excise Department employees
• Does NOT affect Excise licensing, revenue, or regulatory functions
• Does NOT amend the Bombay Prohibition Act 1949, Bombay Foreign Liquor Rules 1953, or Maharashtra Country Liquor Rules 1973

Legal Precedent:

• This action is taken to comply with Supreme Court judgment
• Non-compliance would invite contempt proceedings
• Court has emphasized that protection cannot be granted to those with invalid caste claims

No Compensation or Arrears:

• The GR does NOT provide back-pay or arrears for period of denial
• Supernumerary placement is remedial measure, not restitution
• Salary payable only from date of formalization of supernumerary post

Study Committee Role:

• A Study Committee has been constituted (reference in GR Point 4)
• Committee will evaluate suitability for permanent absorption
• Government will pass final orders based on Committee recommendations
• Timeline: Before expiry of second 11-month period

CIRCULATION DISTRIBUTION

Copies Sent To:

1. Deputy Chief Minister's Private Secretary
2. State Minister (Excise) Private Secretary
3. State Accountant General (both Audit and Accounts & Grants branches), Mumbai/Nagpur
4. Commissioner, State Excise, Maharashtra, Mumbai
5. All Divisional Deputy Commissioners, State Excise
6. Chief Accountant & Grants Officer, Mumbai
7. All District Treasurers (entire state)
8. All Superintendents, State Excise (entire state)
9. Records — Home Department, RAOSHU-1 section

LEGAL VALIDITY

Digital Authentication: Yes — Digitally signed Official Website Publication: Yes — www.maharashtra.gov.in Portal Reference: GR Portal ID 1508 Computer Code: 202112141714265329

Signed by: Sandip Dhakane, Additional Chief Secretary, Government of Maharashtra Authority: On the orders and in the name of the Governor of Maharashtra

CONNECTIONS TO EXCISE LICENSING

NOT DIRECTLY RELATED TO:

• Foreign Liquor Licenses (FL-I, FL-II, FL-III, FL-IV)
• Country Liquor Licenses (CL-I, CL-II, CL-III)
• Toddy or Neera permits
• Manufacturing permits
• License fee schedules
• License application procedures
• Renewal conditions

Impact ONLY on: Internal human resources and administrative capacity of the State Excise Department

Document Status: ACTIVE Supersedes: None explicitly stated (implements Supreme Court 2017 judgment) Superseded By: None as of date of analysis