Maulvi Anwar-ul-Haq, J.--The applicant, admittedly, an employee of a Market Committee, filed W.P. No, 386/90 in this Court. He felt aggrieved of an order dated 20.2.1990 passed by the respondents which, according to the applicant, had the effect of his reversion to a lower post. This writ petition came up for hearing before a learned Single Judge in Chamber, of this Court, on 3.2.1999 when the applicant appeared in person. Somehow or the other he stated in response to a Court question that he is a civil servant. The statement was believed and the writ petition was dismissed with advice to the applicant to approach a Service Tribunal.
2. Through this application review is being sought of the said judgment dated 3.2.1999.
3. Learned counsel for the applicant contends that the applicant is not a civil servant either in law or in fact. According to him, the consistent view of this Court has been that the employees of a Market Committee cannot be deemed to be servants of the Provincial Government and consequently civil servants. Refers to the case of Qazi Akhtar Ali v. Director of Agriculture (Economics and Marketing) Punjab Agriculture House, Lahore and another (2000 P.L.C. (C.S.) 784).
Learned A.A.G. finds it difficult to controvert the said contention of the learned counsel which is supported by the said Division Bench judgment of this Court.
4. Having, thus, considered the matter, we do find that the said judgment dated 3.2.1999 is liable to be reviewed. The R.A. is accordingly allowed as we find that the applicant is not a civil servant within the meaning of the Punjab Service Tribunal Act, 1974 or the Punjab Civil Servants Act, 1974.
The impugned order dated 3.2.199 is set aside. The I result would be that W.P. No, 386/90 shall be deemed to be pending and shall be heard and decided by a learned Single Judge of this Court.
5. Since almost 16 years have gone-by, the office to take orders from the Hon'ble Senior Judge for fixation of the said writ petition before a learned Single Judge of this Court on a date to be fixed within one month.