U.B. Saha, J.

1. The instant writ petition is filed by the Petitioner, Nagaland Pulp & Paper Company Ltd. (for short, 'NPPC Ltd.') Officers' and Supervisors' Association, a registered service association, for a direction to the Respondents for enhancing the superannuation age of the employees of the Petitioner from 58 years to 60 years, in terms of the letter dated 30.04.2007 issued by the Ministry of Heavy Industries and Public Enterprises and also for quashing the Office letter dated 20.07.2009 issued by the Deputy General Manager (HR&ES), NPPC Ltd. (Annexure-20 the writ petition) releasing one of its member namely, Sri Ashok Kumar Singh wherein he was asked for superannuation w.e.f. 31.10.2009 i.e. on attaining the age of 58 years.

2. Heard Mr. I Longchar, learned Counsel for the Petitioners as well as Mrs. Y Longkumer, learned Addl. Sr. GA for the Respondent State. Also heard Mr. J Roy, learned Counsel for Respondent Nos. 2 to 5 and Mr. Wati Jamir, learned Counsel for the Respondent Nos. 6 and 7 as well as Mr. T.B. Jamir, learned CGSC for the Union of India.

3. Pleaded case of the Petitioner in short is as follows:

Petitioner, a registered service association known as NPPC Ltd. Officers' and Supervisors' Association has been registered under the Registration of Societies Act, 1860 and working for the benefits of its members mainly, the person holding the post of Executives, Assistant Shift In-charge, Assistant Manager, Deputy manager and Senior Plant Engineer, Supervisors Personal Assistant and Senior Operators and Senior Supervisors, Senior Foreman and Private Secretaries. According to the Petitioner, Hindustan Paper Corporation Ltd. (for short, "HPCL") has two units of its own namely, (i) Nagaon Paper Mill (for short, 'NPM') and (ii) Cachar Paper Mill, Panchgram (for short, 'CPM') both in the state of Assam and also two subsidiaries namely, (i) NPPC Ltd. in Tuli, Nagaland and (ii) Hindustan Newsprint Ltd. (for short, 'HNL') in Kerala and all of the aforesaid four companies are governed and regulated by the service rules of HPCL. Rule 24 of the HPCL Service Rules, 1975 prescribes the age of superannuation of board level and below board level executives and non-unionized supervisors. Superannuation age of board level and below board level executives and non-unionized supervisors was 58 years which was enhanced to 60 years by the Board of Directors resolution No. 115.06 of the company held on 01.07.1998 (Annexure-1 to the writ petition). As the members of the Petitioner are also guided by the provisions of the aforesaid rules, 1975 they are also entitled the benefit of enhancement of superannuation age as prescribed by the HPCL in its board meeting but the same was denied to them on the ground that the members of the Petitioner are working under Respondent No. 6, NPPC Ltd., a subsidiary company of HPCL and it did not adopt the resolution dated 01.07.1998 of HPCL wherein age of superannuation of the employees and the officers of the HPCL were enhanced from 58 years to 60 years. Hence, this writ petition.

4. Respondent No. 1, Union of India by way of filing its counter affidavit tried to resist the claim of the Petitioner. In its affidavit the Respondent No. 1 stated that the Respondent No. 6 has preferred a writ appeal before the division bench of this Court praying for setting aside the ex-parte interim order dated 23.10.2009 wherein this Court stayed the letter dated 20.07.2009 wherein its mentioned that one of the member of the association namely, Sri Ashok Kumar Singh, Sr. Plant Engineer (Mech) will be attaining the age of superannuation i.e. 58 years on 08.10.2009 and he will be released from service of the Respondent No. 6 on superannuation on 31.10.2009 (AN). Thus the writ petition be kept in abeyance till the aforesaid writ appeal being WA 329 of 2009 is disposed of.

5. Respondent No. 6, NPPC Ltd. and its Chief Executive Officer, i.e. Respondent No. 7 filed their affidavit-in-opposition refuting the contentions of