MAHARASHTRA EXCISE DEPARTMENT — GOVERNMENT ORDER ANALYSIS

Document Type: Government Order (Promotion/Personnel)

Reference Number: EST-2722/Pr.Kr.123/RAUSU-1

Issued By: Government of Maharashtra, Home Department (गृह विभाग), Maharashtra Secretariat, Mumbai-400 032

Effective Date: 4 August 2022

Summary: This Government Order grants promotion from the position of Deputy Superintendent (Group B) to Superintendent (Group A) in the State Excise Department to four eligible officers as per the 2021-22 promotion list. The promotions are subject to multiple conditions including pending high court petitions, administrative tribunal proceedings, and are granted in a temporary capacity only, conferring no permanent regularization rights. The order applies to officers working under the State Excise Department (Maharashtra Excise Law administration).

KEY PROVISIONS:

A. PROMOTION DETAILS:

• Promotion From: Deputy Superintendent (Group B) — Pay Scale S-15, ₹41,800–₹1,32,300
• Promotion To: Superintendent (Group A) — Pay Scale S-20, ₹56,100–₹1,77,500
• Promotion Year: 2021-22 Promotion List
• Promotion Criteria: Based on seniority as per service records dated 25.05.2004

B. OFFICERS PROMOTED:

IMPORTANT CONDITIONS & RESTRICTIONS:

1. Nature of Promotion:

• Promotion is granted in temporary capacity only (निव्र्विळ तात्पुरत्या स्वरूपात)
• Promotion does NOT confer any rights to permanent regularization (नियमितपणाचे कोणतेही हक्क प्राप्त होणार नाहीत)

2. Pending Litigation & Court Orders:

(a) Special Leave Petition — Supreme Court of India:

• Petition No. 28306/2017
• Promotion is conditional upon and subject to the outcome of this petition
• Status: Pending in Supreme Court

(b) Government Decision dated 07.05.2021:

• Promotion is subject to Government circular dated 07.05.2021 (dated SAP/16-B/07.05.2021)
• A challenge has been filed in the High Court of Mumbai against this decision
• Promotion is conditional upon the final order of the High Court, Mumbai on this matter

(c) High Court of Mumbai — Writ Petition:

• Stamp 6819/2021
• Orders dated 08.07.2021 and 22.07.2021
• This pertains to promotion of disabled employees between Group A and Group B posts
• Promotion is subject to these orders

(d) Maharashtra Administrative Tribunal, Mumbai:

• Original Application No. 799/2021
• Promotion is conditional upon the final order of the Tribunal

3. Verification Conditions:

• Promotion is granted on the condition that no senior officer has been inadvertently omitted or superseded in the promotion list
• No departmental enquiry proceedings are pending or proposed against the promoted officers

4. Seniority & Vacancy Filling:

• Vacant positions in the Group A promotion category shall be filled strictly in order of seniority as per service records dated 25.05.2004
• In accordance with Government decision dated 07.05.2021 (ref. SAP/16-B/07.05.2021)

5. Posting & Placement:

• Posting orders after promotion shall be issued separately by the Commissioner of State Excise, Maharashtra
• Posting shall be in accordance with the Revenue Department Transfer Rules, 2021 (महसूल विभाग हस्तांतरण नियम, 2021)
• Posting applies to both direct recruitment and promotion posts in Group A and Group B (Gazette and Non-Gazette)

WHO IS AFFECTED:

• Four officers of the State Excise Department (राज्य उत्पादन शुल्क विभाग) holding the rank of Deputy Superintendent (Group B)
• The Commissioner of State Excise, Maharashtra and all Deputy Commissioners of State Excise (all zones/districts)
• Revenue Department (for processing transfers under Revenue Department Transfer Rules, 2021)

License Impact: This is a personnel order — it does NOT directly affect FL-I, FL-II, FL-III, FL-IV, CL-I, CL-II, CL-III, Toddy, or Neera licensees. However, it impacts the administrative structure of the State Excise Department that regulates these licenses.

DISTRIBUTION/COMPLIANCE:

This order has been distributed to:

1. Commissioner, State Excise Department, Maharashtra State, Mumbai
2. Accountant General-1/2 (Audit/Financial Accounts), Maharashtra State, Mumbai/Nagpur
3. All District Deputy Commissioners, State Excise Department
4. Grant & Accounts Officer, Mumbai
5. Respective District Treasury Officers
6. Respective Superintendents, State Excise Department
7. Administrative Officers, RAUSU-2 & 3, Home Department, Secretariat, Mumbai
8. Personnel Department (निर्वडनस्थी)

IMPORTANT NOTES:

1. Digital Signature & Website Publication:

• Order is digitally signed
• Published on: www.maharashtra.gov.in
• Reference Code: 202208041657302829

2. Authority:

• Issued under the orders and in the name of the Governor of Maharashtra (महाराष्ट्राचे राज्यपाल)
• Signed by: Sanjay Dhakane, Additional Chief Secretary, Government of Maharashtra (अवर सचिव, महाराष्ट्र शासन)

3. Reversibility:

• Since the promotion is temporary in nature, it may be subject to reversal pending the outcome of the four pending court/tribunal cases listed above

4. No Departmental Action:

• No departmental enquiry is pending or proposed against any of the four promoted officers

5. Effective Applicability:

• The order applies immediately from 4 August 2022
• However, all benefits and regularization remain conditional on the outcome of the pending legal cases

LEGAL STATUS SUMMARY:

END OF ANALYSIS