LHC upholds end of free electricity perk

The Lahore High Court (LHC) upheld the government's decision to withdraw free electricity units for Grade-17 officers of the Water and Power Development Authority (Wapda) and power distribution companies (DISCOs), declaring the policy lawful.

The LHC issued this verdict after hearing petitions filed by the GEPCO Engineers and Officers Association, which challenged the government's move to discontinue the benefit.

In a detailed 14-page written verdict, LHC judge Malik Javed Iqbal Wain ruled that the facility of free electricity units is not a fundamental or legal right and dismissed all petitions while endorsing the Ministry of Energy's policy decision.

The court observed that free electricity units were a service-related facility, not a legally protected entitlement. It held that such benefits can be modified or withdrawn under policy decisions, especially in light of financial constraints and the growing circular debt in the power sector.

According to the ruling, the petitioners failed to establish that the provision of free units was backed by any law or statutory rule. The court noted that the government has the authority to make financial and administrative policy decisions.

The judgment further stated that courts cannot interfere in policy matters unless they are illegal or unconstitutional. It emphasized that judicial intervention in executive domain remains limited.

The petitioners argued that a 2023 notification replaced free units with a fixed monetary allowance and claimed the benefit was part of their appointment terms.

They also contended that employees from Grade-1 to Grade-16 were still receiving free units, making the withdrawal of the facility for Grade-17 officers discriminatory.

However, the court found no evidence of mala fide intent, illegality, or constitutional violation in the policy. It noted that the benefit had not been entirely withdrawn but monetized and added to salaries.

Concluding the matter, the LHC dismissed the petitions seeking restoration of free electricity units, reinforcing that such policy decisions fall within the government's jurisdiction.

The federal government later welcomed the court decision. Federal Minister for Power Division Awais Leghari, in a message posted on X, termed the development a landmark step and appreciated the ruling.

He said for the first time in the country's history, the facility of free electricity units for power sector employees had been abolished under the leadership of Prime Minister Shehbaz Sharif.

The minister stated that the court had accepted the petition filed by the Power Division, endorsing the government's stance on the issue. Leghari said that the abolition of free electricity units had long been a public demand and its implementation reflects the government's commitment to reforms.

"By the grace of Allah, we have been given the opportunity to fulfil this long-standing demand," he said. He said the government would continue to take all necessary steps aimed at ensuring the collective welfare of the country and its people.