1. ' This is an application for recalling the order, dated 11-11-2002, passed by this Court, whereby non- food account of the judgment-debtors was ordered to be attached. It is stated in the affidavit, filed in support of application, that the decree was passed against K.T.C. Or Transport Department, Government of Sindh, therefore, the order of attachment of the account of Government of Sindh non-food account is not warranted and seems to be recalled. As against this Mr. Nasir Maqsood, learned counsel states that Government of Sindh under the direction of this Court has entered into a memorandum of agreement whereby under clause (iv)(k) agreed "to carry out, implement the, terms of this agreement and it would be the liability and responsibility of the Government of Sindh.
2. The cases pending in the Court of law is not relating to the K.T.C. Employees". Such agreement is signed by Additional Secretary, Budget, Finance Department, Government of Sindh, Director Labour, Senior Chief Transport Commissioner, P&D Department, Government of Sindh, Additional Secretary Law and Secretary to Government of Sindh Labour and Transport Department.
3. In view of the above agreement, it cannot be said that the liability is with K.T.C. Or any other Functionary. Under the Agreement referred to above, Government of Sindh assumed all the liabilities. Even otherwise the learned counsel for decree-holder invokes Article 121(e) of the Constitution of Islamic Republic of Pakistan, 1973 to contend that the decree is charged on the Provincial Account. According to Mr. Nasir Maqsood, litigant public has no interest, as to which of the department is intentionally liable to pay. This matter is pending since long time and the different departments of Government of Sindh are putting blame on one and another over the settlement of the liability. The litigant public is not aware of the technicalities that may be involved departmentally. What they are concerned is, the fruit of the judgment and decree and how expeditiously the same is made available to them. The order dated 11-11-2003 is sought to be recalled through application filed on 4-1-2003, which even otherwise is beyond limitation. C.M.A.
4. 1'40.507 of 2003 seeking condonation of delay also not founded on any justified ground on merits to recall the orders. C.M.A. At Serial Nos.1 and 2 are accordingly dismissed.
3. It appears that more than one year has passed since the date of judgment and the Government of Sindh has not taken any steps for the satisfaction of decree. I see no reason as to why this application may not be allowed and the amount attached may not be remitted to Nazir of this Court for payment. This application is allowed as prayed.