{"id":31928,"date":"1990-04-06T00:00:00","date_gmt":"1990-04-05T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990"},"modified":"2015-01-23T20:37:04","modified_gmt":"2015-01-23T15:07:04","slug":"government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990","title":{"rendered":"Government Of Andhra Pradesh And … vs M. Hayagreev Sarma on 6 April, 1990"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Government Of Andhra Pradesh And … vs M. Hayagreev Sarma on 6 April, 1990<\/div>\n
Equivalent citations: 1990 SCR (2) 366, \t 1990 SCC (2) 682<\/div>\n
Author: K Singh<\/div>\n
Bench: Singh, K.N. (J)<\/div>\n
           PETITIONER:\nGOVERNMENT OF ANDHRA PRADESH AND ANR.\n\n\tVs.\n\nRESPONDENT:\nM. HAYAGREEV SARMA\n\nDATE OF JUDGMENT06\/04\/1990\n\nBENCH:\nSINGH, K.N. (J)\nBENCH:\nSINGH, K.N. (J)\nKASLIWAL, N.M. (J)\n\nCITATION:\n 1990 SCR  (2) 366\t  1990 SCC  (2) 682\n JT 1990 (2)   138\t  1990 SCALE  (1)746\n\n\nACT:\n    Andhra Pradesh Public 'Employment (Recording and altera-\ntion  of date of birth) Rules, 1984.' Rules 4 and  5--Object\nand validity of.\n    Service  Law--Employee--Service  Record--Date  of  Birth\nrecorded  on the basis of S.S.L.C.  Certificate--Application\nfor alteration of date of birth--Rejection of--Fresh consid-\neration of alteration of date of birth after the enforcement\nof 1984 Rules--Permissibility of.\n    Constitution      of      India,\t  1950:\t     Article\n254--Repugnancy--VIII  Schedule--List II--State Law,  Andhra\nPradesh Public Employment (Recording and alteration of\tdate\nof birth) Rules 1984, Rule 5Incidental trenching upon  Union\nLaw referable to List 1, Births, Deaths and Marriages Regis-\ntration\t Act,  1886, Section 9--Effect of--Held Rule  5\t and\nSection 9 operate in different areas--No repugnancy.\n\n\n\nHEADNOTE:\n    The\t respondent  joined  service in\t the  Department  of\nExaminer of Accounts, Local Fund and in the service book his\ndate of birth was recorded on the basis of S.S.L.C. Certifi-\ncate.  He made an application for alteration of his date  of\nbirth  but the Head of Department rejected his prayer by  an\norder  dated  5.1.1968. After the coming into force  of\t the\nAndhra\tPradesh Public Employment (Recording and  alteration\nof  date of birth) Rules, 1984, he made another\t application\nfor alteration of his date of birth which was also  rejected\nby the Head of Department on the ground of limitation.\n    The\t respondent filed a petition before the Andhra\tPra-\ndesh Administrative Tribunal challenging the order rejecting\nhis  application  and also the\tConstitutional\tvalidity  of\nRules 4 and 5 of the 1984 Rules.\n    The\t tribunal  by  its order dated\t18th  October,\t1985\ndirected the appellants to consider the respondent's  appli-\ncation for the alteration of his date of birth on the  basis\nof the extracts of the entry in the births and deaths regis-\nter,  holding that the respondent's application was  wrongly\nrejected by the Head of Department on the ground of  limita-\ntion;  and (ii) Rule 5 of the 1984 Rules was void as it\t was\nrepugnant to Section 9 of the\n366\nBirths, Deaths and Marriages Registration Act, 1886.\n    In\tthe appeal it was contended on behalf of  the  State\nthat  (i) since the respondent's application for  alteration\nof  his date of birth had been rejected in 1968 he  was\t not\nentitled  to maintain any fresh application; and (ii)  there\nwas no repugnancy between Rule 5 of 1984 Rules and section 9\nof the 1886 Act.\n    Allowing  the appeal and setting aside the order of\t the\nTribunal, the Court,\n    HELD: 1. Rule 4 of the Andhra Pradesh Public  Employment\n(Recording and alteration of date of birth) Rules, 1984 lays\ndown  a\t salutory principle prohibiting\t re-opening  of\t the\nquestion  of  correction  of date of birth  which  may\thave\nbecome\tfinal prior to the enforcement of 1984 Rules.  Since\nthe question of alteration of the respondent's date of birth\nhad been made on the basis of the School Certificate and his\napplication  for  alteration had already  been\trejected  in\n1968, he was not entitled to claim alteration of his date of\nbirth  after the enforcement of 1984 Rules. It was not\topen\nto the respondent to claim alteration of his date of  birth,\neven  on  the basis of extracts of the\tentry  contained  in\nbirths\tand  deaths register maintained\t under\tthe  Births,\nDeaths and Marriages Registration Act, 1886 as the  question\nof correction of his date of birth had already been  finally\ndecided in 1968. [372C-D]\n    2. Rule 5 lays down that where application of a  Govern-\nment employee for alteration of his date of birth was  pend-\ning  on the date of the commencement of the 1984  Rules\t the\nsame  will be dealt with on the basis of date of  birth\t re-\ncorded in the School and College records at the time of\t the\nentry  of  the employee in service. Thus if on the  date  of\nentry  in service the date of birth of an employee  was\t re-\ncorded\tin his service book on the basis of his age  as\t re-\ncorded in the School and College Certificate, in that  event\nthe date so recorded shall be treated to be correct date  of\nbirth. However, if the date of birth recorded in the service\nbook  at the time of entry of the employee is not  based  on\nSchool or College records, Rule 5 does not operate as a\t bar\nagainst consideration of other relevant materials in  deter-\nmining the date of birth of the employee, [372F-G]\n    In\tthe instant case the respondent's date of birth\t had\nbeen  recorded\tin  his service book on\t the  basis  of\t his\nS.S.L.C. Certificate, at the time of his entry into  service\ntherefore, that entry had become final and he was not  enti-\ntled to reopen the correctness of that entry on the\n367\nbasis  of  extract of birth register.  Moreover,  since\t the\nrespondent's application for alteration of his date of birth\nhad  already been decided prior to enforcement of Rule 5  he\nwas not entitled to maintain application for any  alteration\nof his date of birth. In either case the respondent was\t not\nentitled  to  claim  alteration of his date  of\t birth,\t his\napplication  was  rightly  rejected  although  on  different\ngrounds, [372H; 373A-B]\n    3. The question of repugnancy cannot arise if the  State\nmakes  law in exercise of its legislative powers in  respect\nof  an\tentry specified in List II of VIIth  Schedule,\teven\nthough\tit  may incidentally trench upon a law made  by\t the\nUnion in respect of a matter referable to an entry in  Union\nList of the VIIth Schedule. [373E]\n    3.1\t The Births, Deaths and Marriages Registration\tAct,\n1886  is  a central law which is referable  to\tUnion  List.\nSection 9 of the Act merely lays down that copies of entries\nof  the registers relating to births and  deaths  maintained\nunder the Act will be admissible in evidence for the purpose\nof  proving  the  births and deaths. It\t merely\t relates  to\nadmissibility  of  documents, it does not seek\tto  regulate\nconditions  of service of a State employee. Rule 5 and\tSec-\ntion 9 of the Act operate in different areas and there is no\nquestion of conflict in the two provisions. There is, there-\nfore,  no question of repugnancy between Rule 5 and  Section\n9. The Tribunal's view that Rule 5 was repugnant to  Section\n9 of Births, Deaths and Marriages Registration Act, 1886  is\nwholly misconceived and its order dated October 18, 1985  is\nnot sustainable in law. [373D-E; G]\n    Lingerker Vaidyanath v. Government of Andhra Pradesh and\nAnr.,  Andhra  Pradesh\tAdministrative\tTribunal's  Judgment\ndated 2.9.1987, approved.\n\n\n\nJUDGMENT:\n<\/pre>\n
    CIVIL  APPELLATE JURISDICTION: Civil Appeal No.  915  of
\n1987.\n<\/p>\n
    From  the  Judgment and Order dated\t 18.10.1985  of\t the
\nAndhra\tPradesh Administrative Tribunal, Hyderabad  in\tR.P.
\nNo. 786 of 1984.\n<\/p>\n
A.S. Nambiar and T.V.S.N. Chari with him for the Appellants.
\nRespondent In-person.\n<\/p>\n
The Judgment of the Court was delivered by
\nSINGH, J. This appeal is directed against the judgment and
\n368<\/span>
\norder of the Andhra Pradesh Administrative Tribunal, Hydera-
\nbad  dated October 18,\t1985 declaring Rule 5 of the  Andhra
\nPradesh Public Employment (Recording and alteration of\tdate
\nof  birth)  Rules  1984 (hereinafter referred  to  as  ‘1984
\nRules’)\t void and directing the appellants to  consider\t the
\nrespondent’s application for alteration of his date of birth
\nin the service records in accordance with the extracts\tfrom
\nbirth  register\t maintained  under the\tBirths,\t Deaths\t and
\nMarriages Registration Act, 1886.\n<\/p>\n
    The\t respondent  was appointed, as Audit  Clerk  in\t the
\nDepartment  of\tExaminer of Accounts, Local  Fund  Accounts,
\nthrough\t a  competitive examination held in the\t year  1956.
\nAfter his selection and appointment he commenced his  train-
\ning  with  effect  from 12.11. 1956. On\t completion  of\t his
\ntraining he was posted as Audit Clerk on 26.1. 1957.  Subse-
\nquently,  he was promoted to the post of District  Inspector
\nof  LoCal fund Accounts. At the time of his joining  service
\n9.3.  1932 was recorded as his date of birth in the  service
\nbook on the basis of S.S.L.C. Certificate. He made an appli-
\ncation\ton 5.1. 1962 for alteration of his date of birth  as
\nentered in his service book, on the ground that his date  of
\nbirth  as recorded in his service book was apparently  wrong
\nand incorrect in view of his eider brothers’ date of  birth,
\nwho  was also in Government service, recorded as 2.9.  1931.
\nThe respondent urged that the entry with regard to his\tdate
\nof birth in the service book should be altered and the\tdate
\n9.3. 1932 should be substituted by 27.8. 1933 which  accord-
\ning  to him was the correct date of his birth. The  authori-
\nties advised the respondent to submit a revised\t application
\nin  terms  of the instructions contained in  the  Government
\nOrder  No.  1263 dated 6.5. 1961. The  respondent  thereupon
\nsubmitted a revised application on 24.9. 1964 for alteration
\nof his date of birth, that application was forwarded to\t the
\nHead  Master of the School in which the respondent had\tlast
\nstudied\t for verification. After obtaining the views of\t all
\n‘authorities  including the Head Master of the\tSchool,\t the
\nrespondent’s  case was placed before the Director of  Treas-
\nuries  and  Accounts, the Head of Department  for  necessary
\norders.\t The Director of Treasuries and Accounts after\tcon-
\nsidering all relevant documents relied upon by the  respond-
\nent,  and  also the comments of officers, rejected  the\t re-
\nspondent’s prayer for alteration of his date of birth by his
\nOrder No. 699 18\/1209\/Admn\/66-7 dated 5.1.1968 on the ground
\nthat the correctness of respondent’s eider brother’s date of
\nbirth  was not established. The respondent did not take\t any
\nfurther\t action in the matter for alteration of his date  of
\nbirth between 1968 to 1983.\n<\/p>\n
On 10.4. 1983 the Governor of Andhra Pradesh promulgated
\n369<\/span>
\nAndhra\tPradesh Public Employment (Regulation of  Conditions
\nof  Service) Ordinance No. 5 of 1983 providing for  declara-
\ntion  and alteration of date of birth of  State\t .Government
\nemployees.  The\t Ordinance laid down that  every  Government
\nemployee  should  make a declaration regarding his  date  of
\nbirth within one month of joining service and on the receipt
\nof  such declaration the appropriate authority was  required
\nto make necessary enquiries determining the date of birth of
\nthe  employee. It further provided that if no such  declara-
\ntion was made by the employee the Head of the Office, should
\ndetermine  the date of birth of the employee  in  accordance
\nwith  the  records as may be available to him  after  giving
\nopportunity to the employee within six months from the\tdate
\non  which the employee joins service. The Ordinance  further
\nprovided  that\tthe provisions contained  therein  will\t not
\napply  to  those who failed to apply for the  alteration  of
\ndate  of  birth in accordance with law\tapplicable  to\tthem
\nprior  to  the commencement of the Ordinance or if  such  an
\napplication  had been made and rejected. Thus the  Ordinance
\nclearly\t laid  down that the opportunity for  correction  of
\ndate of birth as provided by the Ordinance shall not  ensure
\nto the benefit of the employees whose entry relating to date
\nof birth may have become final and binding under the law  in
\nforce prior to the commencement of the Ordinance. The  Ordi-
\nnance  was  replaced  by Andhra\t Pradesh  Public  Employment
\n(Recording  and\t alteration  of date of\t birth)\t Rules\t1984
\nframed\tunder the Proviso to Art. 309 of  the  Constitution.
\nThereupon the respondent made yet another attempt by  making
\napplication  on 27.1.1984 for the alteration of his date  of
\nbirth,\tplacing\t reliance on the extracts of  entry  in\t the
\nregister  of births and deaths. The Director of\t Local\tFund
\nAudit rejected his application by his order dated  28.3.1984
\non the ground that the application had been made beyond\t the
\nperiod\tprescribed for the purpose. The respondent  filed  a
\npetition before the Andhra Pradesh Tribunal challenging\t the
\nrejection  of  his application and also\t the  constitutional
\nvalidity of Rules 4 and 5 of the 1984 Rules.\n<\/p>\n
    The Tribunal held that the respondent’s application\t for
\nalteration of his date of birth was wrongly rejected by\t the
\nDirector  of Local Fund Audit on the ground  of\t limitation.
\nThe  Tribunal held that the Head of Department\tshould\thave
\nforwarded the respondent’s application to the State  Govern-
\nment for passing appropriate order as he had no authority to
\nreject\tthe same. The Tribunal further held that Rule  5  of
\nthe 1984 Rules was void as it was repugnant to Section 9  of
\nthe Births, Deaths and Marriages Registration Act, 1886.  On
\nthese  findings\t the  Tribunal directed\t the  appellants  to
\nconsider the respondent’s application again for the  altera-
\ntion of his date of birth on the basis of
\n370<\/span>
\nthe extracts of the entry in the births and deaths register.
\nAggrieved  the\tappellants  have preferred  this  appeal  by
\nspecial leave.\n<\/p>\n
    Learned counsel for the appellants urged that since\t the
\nrespondent’s  application for making alteration of his\tdate
\nof  birth as recorded in service book had been\trejected  in
\n1968, he was not entitled to maintain any fresh\t application
\nfor the alteration of his date of birth. He further  submit-
\nted that there was no question of repugnancy between Rule  5
\nand Section 9 of the Births, Deaths and Marriages  Registra-
\ntion Act, 1886 and the Tribunal committed error-in  striking
\ndown the aforesaid Rule 5. The respondent appeared in person
\nbefore\tthis  Court, he submitted his  written\tsubmissions.
\nAccording to the respondent the Director of Local Fund Audit
\nhad  no authority in law to reject his application  for\t the
\nalteration of his date of birth as the State Government\t was
\nthe  competent\tauthority under the rules to deal  with\t the
\nmatter.\t Even  after enforcement of the 1984 Rules  the\t re-
\nspondent’s  application for alteration of his date of  birth
\ncould validly be considered only by the State Government.
\n    The\t question which arises for consideration is  whether
\nthe alteration of respondent’s date of birth was permissible
\nafter  the  enforcement of the 1984 Rules.  The\t 1984  Rules
\napply to all persons appointed to Public Services and  posts
\nin  connection\twith the affairs of the State.\tThese  Rules
\nprescribe  conditions of service of State employees,  having
\nstatutory  force, being framed under the  legislative  power
\nconferred  on the Governor under the Proviso to Article\t 309
\nof the Constitution. Rules 4 and 5 are as under:
\n“4. No Government employee, in service before the  commence-
\nment of these rules–\n<\/p>\n
(a)  whose  date of birth has been recorded in\tthe  service
\nregister in accordance with the rules applicable to him; or\n<\/p>\n
(b)  whose entry relating to date of birth became final\t and
\nbinding\t under the rules in force prior to the\tcommencement
\nof these rules.\n<\/p>\n
shall be entitled to claim alteration of his date of birth.\n<\/p>\n
5.  The\t case  in which Government  employees  have  already
\napplied for alteration of their date of birth and which\t are
\npending on the date of commencement of these rules. shall
\n371<\/span>
\nbe  dealt  with on the basis of recorded age in\t school\t and
\ncollege records at the time of entry into service.”\n<\/p>\n
    The object underlying Rule 4 is to avoid repeated appli-
\ncations\t by a Government employee for the correction of\t his
\ndate  of birth and with that end in view it provides that  a
\nGovernment servant whose date of birth may have been record-
\ned  in\tthe service register in accordance  with  the  rules
\napplicable  to him and if that entry had become final  under
\nthe  rules prior to the commencement of 1984 Rules, he\twill
\nnot be entitled for alteration of his date of birth. Rule  4
\nlaid down a salutory principle to prohibit reopening of\t the
\nquestion  of  correction  of date of birth  which  may\thave
\nbecome\tfinal prior to the enforcement of 1984 Rules.  Since
\nthe question of alteration of the respondent’s date of birth
\nhad been made on the basis of the School Certificate and his
\napplication  for  alteration had already  been\trejected  in
\n1968, he was not entitled to claim alteration of his date of
\nbirth  after the enforcement of 1984 Rules. It was not\topen
\nto the respondent to claim alteration of his date of  birth,
\neven  on  the basis of extracts of the\tentry  contained  in
\nbirths\tand  deaths register maintained\t under\tthe  Births,
\nDeaths and Marriages Registration Act, 1886 as the  question
\nof correction of his date of birth had already been  finally
\ndecided in 1968.\n<\/p>\n
    As\tregards\t validity of Rule 5 is concerned,  the\tview
\ntaken  by the Tribunal is wholly misconceived. Rule  5\tlays
\ndown  that  where application of a Government  employee\t for
\nalteration  of his date of birth was pending on the date  of
\nthe  commencement of 1984 Rules the same will be dealt\twith
\non  the\t basis of date of birth recorded in the\t School\t and
\nCollege\t records  at the time of the entry of  the  employee
\ninto service. In substance Rule 5 lays down that the pending
\napplications  of the employees for alteration of their\tdate
\nof birth shall be decided on the basis of the age as record-
\ned in the School and College records. Thus if on the date of
\nentry  into  service the date of birth of  an  employee\t was
\nrecorded  in  his service book on the basis of\this  age  as
\nrecorded in the School and College Certificate in that event
\nthe date so recorded shall be treated to be correct date  of
\nbirth. However, if the date of birth recorded in the service
\nbook at the time of the entry of an employee is not based on
\nSchool\tor College records the Rule 5 does not operate as  a
\nbar  to consideration of other relevant materials in  deter-
\nmining\tthe  date of birth of the employee. In\tthe  instant
\ncase  as  already noted the respondent’s date of  birth\t had
\nbeen  recorded\tin  his service book on\t the  basis  of\t his
\nS.S.L.C. Certificate, at the time of his entry into service,
\ntherefore, that entry had become final and he was not  enti-
\ntled to reopen the correctness of that entry on the basis of
\nextract of birth
\n372<\/span>
\nregister.  Moreover, since the respondent’s application\t for
\nalteration  of\this date of birth had already  been  decided
\nprior to enforcement of Rule 5 he was not entitled to  main-
\ntain application for any alteration of his date of birth. In
\neither case respondent was not entitled to claim  alteration
\nof  his date of birth, his application was rightly  rejected
\nalthough on different grounds.\n<\/p>\n
    The Tribunal’s view that Rule 5 was repugnant to Section
\n9 of Births, Deaths and Marriages Registration Act, 1886  is
\nwholly\tmisconceived. Under Article 245 read with Entry\t 41,
\nList  II  of VIIth Schedule, which relates to  State  Public
\nServices,  the\tState has exclusive power  to  legislate  in
\nrespect\t of  State Public Services. Proviso to\tArticle\t 309
\nalso  confers exclusive power on the Governor and the  State
\nLegislature to frame rules laying down the terms and  condi-
\ntions  of the State employees, such rules may  regulate\t the
\nentry  of date of birth of an employee its alteration,\tcor-
\nrection and all other allied matters. The Births, Deaths and
\nMarriages  Registration Act, 1886 is a central law which  is
\nreferable  to Union List. Section 9 of the Act\tmerely\tlays
\ndown  that  copies of entries of the registers\trelating  to
\nbirths and deaths maintained under the Act shall be admissi-
\nble  in evidence for the purpose of proving the\t births\t and
\ndeaths. It merely relates to admissibility of documents,  it
\ndoes  not seek to regulate conditions of service of a  State
\nemployee.  There  is, therefore, no question  of  repugnancy
\nbetween\t Rule  5  and Section 9. It is\twell  .settled\tthat
\nquestion of repugnancy can not arise if the State makes\t law
\nin exercise of its legislative powers in respect of an entry
\nspecified  in List II of VIIth Schedule, even though it\t may
\nincidentally trench upon a law made by the Union in  respect
\nof a matter referable to an entry in Union List of the VIIth
\nSchedule. Rule 5 and Section 9 of the Act operate in differ-
\nent  areas and there is no question of conflict in  the\t two
\nprovisions. We are informed that a Full Bench of the  Andhra
\nPradesh\t Administrative Tribunal has taken similar  view  in
\nLingerker  Vaidyanath  v. Government of Andhra\tPradesh\t and
\nAnr.,  (Andhra\tPradesh Administrative\tTribunal’s  Judgment
\ndated 2.9. 1987) in holding that Rule 5 is neither repugnant
\nto Section 9 of the aforesaid Act nor void. In this view the
\nTribunal’s  order dated October 18, 1985 is not\t sustainable
\nin law.\n<\/p>\n
    In\tthe  result we allow the appeal and  set  aside\t the
\norder  of the Andhra Pradesh Administrative Tribunal.  There
\nwill be no order as to
\ncosts.\n<\/p>\n
T.N.A.\t\t\t\t\t\t      Appeal\nallowed.\n373<\/span>\n\n\n\n<\/pre>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Government Of Andhra Pradesh And … vs M. Hayagreev Sarma on 6 April, 1990 Equivalent citations: 1990 SCR (2) 366, 1990 SCC (2) 682 Author: K Singh Bench: Singh, K.N. (J) PETITIONER: GOVERNMENT OF ANDHRA PRADESH AND ANR. Vs. RESPONDENT: M. HAYAGREEV SARMA DATE OF JUDGMENT06\/04\/1990 BENCH: SINGH, K.N. (J) BENCH: […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-31928","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nGovernment Of Andhra Pradesh And ... vs M. Hayagreev Sarma on 6 April, 1990 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Government Of Andhra Pradesh And ... vs M. Hayagreev Sarma on 6 April, 1990 - Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.legalindia.com\/judgments\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990\" \/>\n<meta property=\"og:site_name\" content=\"Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/LegalindiaCom\/\" \/>\n<meta property=\"article:published_time\" content=\"1990-04-05T18:30:00+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2015-01-23T15:07:04+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1\" \/>\n\t<meta property=\"og:image:width\" content=\"512\" \/>\n\t<meta property=\"og:image:height\" content=\"512\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Legal India Admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@legaliadmin\" \/>\n<meta name=\"twitter:site\" content=\"@Legal_india\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Legal India Admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"17 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990\"},\"author\":{\"name\":\"Legal India Admin\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\"},\"headline\":\"Government Of Andhra Pradesh And … vs M. Hayagreev Sarma on 6 April, 1990\",\"datePublished\":\"1990-04-05T18:30:00+00:00\",\"dateModified\":\"2015-01-23T15:07:04+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990\"},\"wordCount\":2299,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"articleSection\":[\"Supreme Court of India\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990\",\"name\":\"Government Of Andhra Pradesh And ... vs M. Hayagreev Sarma on 6 April, 1990 - Free Judgements of Supreme Court & High Court | Legal India\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\"},\"datePublished\":\"1990-04-05T18:30:00+00:00\",\"dateModified\":\"2015-01-23T15:07:04+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Government Of Andhra Pradesh And … vs M. Hayagreev Sarma on 6 April, 1990\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\",\"name\":\"Free Judgements of Supreme Court & High Court | Legal India\",\"description\":\"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. A comprehensive database for lawyers, advocates, and law students.\",\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"alternateName\":\"Free judgements of Supreme Court & High Court of India | Legal India\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Organization\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\",\"name\":\"Judgements of Supreme Court & High Court | Legal India\",\"alternateName\":\"Legal India\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/logo\\\/image\\\/\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/wp-content\\\/uploads\\\/sites\\\/5\\\/2025\\\/09\\\/legal-india-icon.jpg\",\"contentUrl\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/wp-content\\\/uploads\\\/sites\\\/5\\\/2025\\\/09\\\/legal-india-icon.jpg\",\"width\":512,\"height\":512,\"caption\":\"Judgements of Supreme Court & High Court | Legal India\"},\"image\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/logo\\\/image\\\/\"},\"sameAs\":[\"https:\\\/\\\/www.facebook.com\\\/LegalindiaCom\\\/\",\"https:\\\/\\\/x.com\\\/Legal_india\"]},{\"@type\":\"Person\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\",\"name\":\"Legal India Admin\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"url\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"contentUrl\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"caption\":\"Legal India Admin\"},\"sameAs\":[\"https:\\\/\\\/www.legalindia.com\",\"https:\\\/\\\/x.com\\\/legaliadmin\"],\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/author\\\/legal-india-admin\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Government Of Andhra Pradesh And ... vs M. Hayagreev Sarma on 6 April, 1990 - Free Judgements of Supreme Court & High Court | Legal India","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.legalindia.com\/judgments\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990","og_locale":"en_US","og_type":"article","og_title":"Government Of Andhra Pradesh And ... vs M. Hayagreev Sarma on 6 April, 1990 - Free Judgements of Supreme Court & High Court | Legal India","og_url":"https:\/\/www.legalindia.com\/judgments\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990","og_site_name":"Free Judgements of Supreme Court & High Court | Legal India","article_publisher":"https:\/\/www.facebook.com\/LegalindiaCom\/","article_published_time":"1990-04-05T18:30:00+00:00","article_modified_time":"2015-01-23T15:07:04+00:00","og_image":[{"width":512,"height":512,"url":"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1","type":"image\/jpeg"}],"author":"Legal India Admin","twitter_card":"summary_large_image","twitter_creator":"@legaliadmin","twitter_site":"@Legal_india","twitter_misc":{"Written by":"Legal India Admin","Est. reading time":"17 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.legalindia.com\/judgments\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990#article","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990"},"author":{"name":"Legal India Admin","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea"},"headline":"Government Of Andhra Pradesh And … vs M. Hayagreev Sarma on 6 April, 1990","datePublished":"1990-04-05T18:30:00+00:00","dateModified":"2015-01-23T15:07:04+00:00","mainEntityOfPage":{"@id":"https:\/\/www.legalindia.com\/judgments\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990"},"wordCount":2299,"commentCount":0,"publisher":{"@id":"https:\/\/www.legalindia.com\/judgments\/#organization"},"articleSection":["Supreme Court of India"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/www.legalindia.com\/judgments\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990#respond"]}]},{"@type":"WebPage","@id":"https:\/\/www.legalindia.com\/judgments\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990","url":"https:\/\/www.legalindia.com\/judgments\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990","name":"Government Of Andhra Pradesh And ... vs M. Hayagreev Sarma on 6 April, 1990 - Free Judgements of Supreme Court & High Court | Legal India","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/#website"},"datePublished":"1990-04-05T18:30:00+00:00","dateModified":"2015-01-23T15:07:04+00:00","breadcrumb":{"@id":"https:\/\/www.legalindia.com\/judgments\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.legalindia.com\/judgments\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.legalindia.com\/judgments\/government-of-andhra-pradesh-and-vs-m-hayagreev-sarma-on-6-april-1990#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.legalindia.com\/judgments\/"},{"@type":"ListItem","position":2,"name":"Government Of Andhra Pradesh And … vs M. Hayagreev Sarma on 6 April, 1990"}]},{"@type":"WebSite","@id":"https:\/\/www.legalindia.com\/judgments\/#website","url":"https:\/\/www.legalindia.com\/judgments\/","name":"Free Judgements of Supreme Court & High Court | Legal India","description":"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. A comprehensive database for lawyers, advocates, and law students.","publisher":{"@id":"https:\/\/www.legalindia.com\/judgments\/#organization"},"alternateName":"Free judgements of Supreme Court & High Court of India | Legal India","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.legalindia.com\/judgments\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Organization","@id":"https:\/\/www.legalindia.com\/judgments\/#organization","name":"Judgements of Supreme Court & High Court | Legal India","alternateName":"Legal India","url":"https:\/\/www.legalindia.com\/judgments\/","logo":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/logo\/image\/","url":"https:\/\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg","contentUrl":"https:\/\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg","width":512,"height":512,"caption":"Judgements of Supreme Court & High Court | Legal India"},"image":{"@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/LegalindiaCom\/","https:\/\/x.com\/Legal_india"]},{"@type":"Person","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea","name":"Legal India Admin","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","caption":"Legal India Admin"},"sameAs":["https:\/\/www.legalindia.com","https:\/\/x.com\/legaliadmin"],"url":"https:\/\/www.legalindia.com\/judgments\/author\/legal-india-admin"}]}},"modified_by":null,"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_likes_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/31928","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/comments?post=31928"}],"version-history":[{"count":0,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/31928\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/media?parent=31928"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/categories?post=31928"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/tags?post=31928"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}