1. This is an application under Article 226 of the Constitution of India praying for quashing and setting side the Order No. CT/ESTT/624/2012/5281, dated 09.10.2014, and Order No. CT/ESTT/624/2012/5248, dated 09.10.2014, by which the private respondents No. 5 and 6 were appointed to the post of peon respectively, in the Office of Deputy Commissioner of Taxes, Mokokchung Zone, Mokokchung and to pass any further order or orders or direction or directions as this Court may deem fit and proper in the facts and circumstances of the case.

2. I have heard the learned counsel for the parties, Mr. Supu Jamir, learned counsel for the petitioner, Mr. K. Angami, learned Government Advocate for the State respondents and Mr. N. Longkumer, learned counsel for the private respondent No.5. As for the respondent No.6 none appeared inspite of the fact that notice was sent to him through registered post with AD on 17.08.2016.

3. From the submission of the learned counsels and from the pleadings of the parties on record facts of the case that has emerged are as follows;-

That by Oder No. CT/ESTT/134/97(Pt), dated 28.06.2011, the petitioner was appointed on contract basis as a peon in the