JUDGMENT

RANGANATH MISRA, J.:— This appeal is by special leave and is directed against the judgment of a Division Bench of the Delhi High Court in a petition under Art. 226 of the Constitution where the High Court held that the age of retirement of the respondent was 60 years and not 58. At the time special leave was granted, this Court on 18-11-1985 made the following order :

"Mr. Soli J. Sorabjee, appearing for the petitioner (appellant) states that irrespective of the result, the Municipal Corporation will extend the benefit of the upper age of retirement of 60 years to the respondent as directed by the High Court. Subject to this reservation we grant special leave."

2-3. During the pendency of the appeal, an application for intervention has been filed by ten employees of the Education Department of Delhi Administration for leave to support the judgment of the High Court. It is not disputed that the respondent has already retired from service on attaining the age of 60 and in view of the undertaking given by counsel for the appellant she has been given the benefit of retirement at 60.

4. It is contended that from the terms indicated in the order granting special leave this Court in