PHC upholds end to free electricity

Dismisses DISCO employees' petitions, rules govt acted lawfully

PESHAWAR:

The Peshawar High Court (PHC) on Monday upheld the federal government's decision to abolish the free electricity units facility for employees of power distribution companies including PESCO and TESCO, and dismissed all related writ petitions.

A division bench comprising Justice Sahibzada Asadullah and Justice Farah Jamshed announced a detailed 45-page judgment authored by Justice Sahibzada Asadullah. Counsel for the petitioners, Additional Attorney General Sanaullah representing the federation, and Barrister Asad Malik appearing for the DISCOs argued the case.

The court ruled that while the WAPDA Service Rules originally carried statutory force, their subsequent adoption by the DISCOs transformed them into purely administrative instructions. Consequently, the government remained fully competent to amend or withdraw the facility. The bench rejected the employees' plea of legitimate expectation, observing that power-sector reforms form part of executive policy and that judicial interference in such matters would violate the principle of separation of powers.

Objections that the caretaker government lacked authority to take the decision under Section 230 of the Elections Act 2017 were also turned down on three grounds.