SOUTH CENTRAL RAILWAY EMPLOYEES CO-OPERATIVE CREDIT SOCIETY EMPLOYEES UNION, SECUNDERABAD versus REGISTRAR OF CO-OPERATIVE SOCIETIES AND ORS

Citation: [1998] 1 S.C.R. 85 · Decided: 13-01-1998 · Supreme Court of India · Bench: S. SAGHIR AHMAD · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

SOUTH CENTRAL RAILWAY EMPLOYEES 
A 
CO-OPERA TJVE CREDIT SOCIETY EMPLOYEES 
. 
'""{ 
UNION, SECUNDERABAD 
v. 
REGISTRAR OF CO-OPERATIVE 
SOCIETIES AND ORS. 
B 
___,,,. 
~ 
JANUARY 13, 1998 
[S. SAGHIR AHMAD AND G.B. PATTANAIK, JJ.] 
Service Law : 
c 
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 D 
A. 
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- E 
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. 
F 
.> 
-< 
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 G 
, 
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 th_e respondent filed a writ petition before the High 
Court relying on the following notification issued the Governor of the State H 
85 
A 
B 
c 
D 
E 
F 
86 
SUPREME COURT REPORTS 
[ 1998] 1 S.C. R. 
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 <if the High Court held that the notification in question was wide 
enough fo 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. 
Allowing the appeal, this Court 
HELD: I. On a plain reading of the notification issued by the Governor 
under Section 16 of the Andhra Pradesh Co-operative Societies Act, 1964 
it is crystal clear that the direction of the Governor was to follow the 
principle of reservation in appointments rn all posts in all co-operative 
institutions to be filled by direct recruitment either on temporary or on 
regular basis. It is an undisputed fact that the promotional posts in the 
societies cannot be filled up by direct recruitment and therefore, the only 
conclusion that can be arrived at is that the aforesaid direction of the 
Governor to apply the principle of reservation is only in respect of 
appointments in the initial cadre and not to any appointments in the promotional 
cadre. The Division Bench of the High Court while giving wide interpretation 
to the expression 'appointment' in the notification has completely overlooked 
the latter part of the said notification to the effect "to be filled by direct 
recruitment on temporary or regular basis'· The interpretation given by the 
G High Court to the notification by giving a wide interpretation to the word 
'appointment makes the latter part of the notification wholly redundant or 
surplusage. It is a cardinal principle of construction not to brush aside 
words used in a statute of in a notification issued under a statute and full 
effect must be given to the entire words of an instrument. Applying the said 
principle to the notification the conclusion is that no direction has been 
H given by the Governor to apply the policy of reservation in appointm

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