( 1 ) HEARD Sri N. K. Saxena, along with Arti Saxena, learned counsel for the petitioner and learned standing counsel for the State.

( 2 ) IN this petition prayer has been made for issuance of writ of mandamus directing the respondent to grant pension to the petitioner w. e. f. 1. 8. 1980 and by amendment application the order dated 14. 8. 1999 passed by the Vice-Chancellor, Gorakhpur University, Gorakhpur has also been challenged. According to the petitioner the date of birth of the petitioner is 15. 7. 1920 and he was appointed as a mechanic in the workshop of Physics Department. In due course of time, he was promoted to the post of Lab Assistant and thereafter as Senior Lab Assistant and petitioner was to attain -60 years on 31. 7. 1980, however, the petitioner worked unauthorisedly beyond the date of superannuation, i. e. , 14. 7. 1980 with the connivance of the University authority and when it was noticed that the petitioner had already completed the age of superannuation then he was asked to submit the date of birth certificate which he deliberately avoided. The petitioner did not submit authentic proof of date of birth and, therefore, cleverly he rendered res