| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 1964 : Section 16. Andhra Pradesh Co-operative Societies Act |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Andhra Pradesh Co-operative Societies Act, 1964 (7 of 1964) |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Service Law : Andhra Pradesh Co-operative Societies Act, 1964 : Section 16.Reservation-Promotional posts-Applicability of-The expression "appointment" in Notification was followed by the words "to be filled by direct recruitment "-Effect of-Held: Principle of reservation is applicable only in respect of appointment to initial cadre and not to any appointment in the promotional cadre .Interpretation of Statutes :Rules of Interpretation-Redundancy or surplusage-Avoidance of- The expression "appointment" in Notification was followed by the words "to be filled by direct recruitment"-Held: The word "appointment" cannot be interpreted to apply to promotional posts because such a interpretation would render the latter part of the notification wholly redundant or surplusage.The appellant is a society registered under the Andhra Pradesh Co-operative Societies Act, 1964 and the respondents were the employees of the said society. The rules of the society categorically provided that there should be no reservation in promotions of the employees of the society The respondents were given promotion to various promotional posts by applying the principle of reservation. However the promotions were cancelled subsequently on the ground that the principle for reservation had no application in the matter of promotion.Being aggrieved the respondent filed a writ petition before the High Court relying on the following notification issued the Governor of the State under Section 16 of the Act."Governor for Andhra Pradesh hereby directs to Societies and the appointment committee constituted under Section 116-A that the Appendix hereto shall be followed with terred to reservation of appointments to all posts in all co-operative institutions, to be filled by direct recruitment on temporary or regular basis."A single Judge of the High Court came, to the conclusion that the rule of reservation applied to the promotional posts also. On appeal, the Division Bench of the High Court held that the notification in question was wide enough to include all posts in all Co-operative institutions including the promotional post to which the principle of reservation should be made applicable and the word 'appointment' in the notification was not necessarily referrable only to the stage of initial recruitment. With this conclusion the Division Bench dismissed the appeal filed by the appellant and confirmed the decision of the Single Judge. Hence this appeal. |
| Judge | Honble Mr. Justice G.B. Pattanaik |
| Neutral Citation | 1998 INSC 17 |
| Petitioner | South Central Railway Employees Co-operative Credit Society Employees Union, Secunderabad |
| Respondent | Registrar Of Co-operative Societies And Ors |
| SCR | [1998] 1 S.C.R. 85 |
| Judgement Date | 1998-01-13 |
| Case Number | 4343 |
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