9911796707
TMI Blog1998 (1) TMI 510X X X X Extracts X X X X X X X X Extracts X X X X ..... the b\e-iaws of the society. Bye law 33 of the society is empowered the committee of management to frame service regulation pertaining to the service conditions of the officers and the employees of the society. Pursuant to the aforesaid power the society has framed a set of rules with the approval of the Registrar of Co-operative Societies determining the service conditions of the employees of the society. The said rules of society categorically provided that there should be no reservation in promotions of the employees of the society. The private respondents filed a wvrit petition No. 8051 of 1982 challenging the order of cancellation of their appointment dated 10.8.1982 and that writ petition was allowed by the learned single Judge of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontended that under Section 116 B of the Andhra Pradesh Co-operative Societies Act the Government no doubt has the power to give direction to a society or class of societies or appointment committees to make provisions for the reservation of appointment or posts under any such society in any cadre created under the said section in favour or for the grant of any special concession in the matter of appointments to any such posts or cadre to the Scheduled Castes, Scheduled Tribes and Backward Castes and the society or appointment committee shall be bound to comply with such directions and give effect to any provisions so made. But in the case in hand in exercise of such power the notification that has been issued by the Governor of Andhra Prad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the relevant provisions of the Andhra Pradesh Co-operative Societies Act as well as the notification issued by the Governor of Andhra Pradesh in exercise of power conferred under the provisions of Andhra Pradesh Co- operative Societies Act, we have no hesitation to hold that the Government has wide powers to give directions to the societies for applying the principal of reservation in the matter of promotion to the posts under the society. But the real question arises for consideration is whether the notification that has been issued by the Governor of Andhra Pradesh did provide for reservation in the promotional posts of the co-operative societies? The notification in question is extracted hereinbelow in extenso: Notification; in Exer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 or 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, which is for consideration before us, we had no hesitation to come to the conclusion is that under the said notification no direction has been given by the Governor to apply the policy of reservation in appointments to the promotional posts. The High Court, therefore, committed serious error of law in interpreting the aforesaid notification and by holding that the policy of reservation has been made applicabl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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