PESHAWAR: The Peshawar High Court (PHC) upheld the federal government’s decision to abolish the longstanding facility of free electricity units for employees of the Peshawar Electric Supply Company (Pesco), Tribal Electric Supply Company (Tesco), and other electricity distribution companies (DISCOs), dismissing a series of writ petitions filed by affected employees.
As per media reports, a division bench comprising Justice Sahibzada Asadullah and Justice Farah Jamshed delivered the 45-page judgment, having reserved its verdict on July 13.
The federation was represented by Additional Attorney General Sanaullah, while the DISCOs were represented by Barrister Asad-ul-Mulk.
The dispute arose after the federal government decided to discontinue the decades-old concession as part of broader reforms aimed at addressing Pakistan’s worsening circular debt.
The policy was finalised in December 2023 by the caretaker government and had remained suspended since December 28, 2023, due to interim PHC orders.
The court ruled that while WAPDA’s original rules had statutory status, their adoption by DISCOs after the utility’s unbundling did not retain the same statutory character, meaning they could be modified or withdrawn by the competent authority.
Rejecting employees’ claims to a legitimate expectation of continued benefits, the court held that economic policy decisions fall within the executive domain and are generally beyond judicial interference.
The bench also rejected objections to the caretaker government’s authority to approve the policy under Section 230 of the Elections Act, 2017, ruling that caretaker administrations routinely decide matters involving salaries, pensions and other recurring expenditures.
It noted that the elected government, after taking office, neither rescinded nor reversed the decision, demonstrating tacit approval.
With the petitions dismissed, the interim relief granted in December 2023 stands vacated, clearing the way for the government to discontinue the facility.
