MOHAMMAD ISMAIL NAJAR Vs. STATE

JUDGEMENT

(1.) Petitioner-Mohammad Ismail Nazar has filed this Petition seeking quashing of Chief Engineer, Irrigation and Flood Control Department Srinagar's Order dated 08.09.2001, whereby he was held disentitled to regularization in Government Service, besides a direction to the State-Respondents to regularize his services against the post of Helper in terms of SRO 64 of 1994, allowing him benefits which had been allowed by the State to similarly situated persons working at Noorabad Canal of Kulgam Division.

(2.) The State-Respondents have contested the Petitioner's Writ Petition, inter alia, on the ground that Issues raised by the Petitioner in the petition cannot be made subject matter of fresh litigation, in that, the petition was hit by the principle of res judicata.

(3.) Producing a certified copy of Subordinate Judge, Kulgam's Order dated 22.04.2010, in terms whereof, the Petitioner's Suit being Suit No. 125 of 2010, was dismissed as withdrawn, which has been taken on records, it was not disputed by the Petitioner's learned Counsel that the dispute raised in this petition is same as projected in the Suit.