( 1 ) IN this petition counter-affidavit has been filed by respondent No. 1. Learned counsel for the parties agreed that the writ petition may be decided finally at the admission stage.

( 2 ) MAHABIR Sugar Mills, Diswa Bazar, district Mahrajganj was acquired by the State of U. P. under the provisions of the U. P. Sugar Undertakings (Acquisition) Act, 1971 and after acquisition, its control and management vested in the U. P. State Sugar Corporation (hereinafter referred to as the Corporation) with effect from 28. 10. 1984.

( 3 ) RESPONDENT No. 1 Ambika Singh, an employee of petitioner corporation, had joined as engine driver on 6. 9. 1947. In the particulars of service maintained by the erstwhile Mahabir Sugar mills, his date of birth was recorded as 22. 9. 1929. The name of the post and department mentioned were engine driver in season and fitter Mazdoor in off season, engineering department. Respondent No. 1 was served with a notice dated 31. 8. 1989 intimating that he shall attain the age of superannuation on 31. 10. 1989 on completing 60 years of age and he will be relieved from service with effect from 1. 11. 1989. He was also intimated that after being rel