PESHAWAR: The Peshawar High Court on Thursday stopped the Peshawar Electric Supply Company (Pesco) from implementing the federal government’s order to monitise free electricity units provided to the officers of Wapda, and power distribution and generation companies.

After hearing preliminary arguments on the matter, Justice Dr Khursheed Iqbal of a single-member bench directed the Pesco to stop action on the federal government’s Dec 5 notification on the matter until Jan 25, 2024.

It issued notices to the respondents, including secretaries of the cabinet and power divisions and the Pesco chairman, for replying to a petition that challenged that notification.

The petition jointly filed by Pesco additional superintendent engineer (BPS-19) Kashif Farhan and five other officers requested the court to set aside the government’s order to monitise the “grade-wise” provision of free electricity units to the petitioners and others.

Seeks govt reply to petition against Dec 5 notification

They insisted that as the free electricity was part of settled and agreed terms and conditions of their service as well as part of their taxable salary, it couldn’t be unilaterally and arbitrarily withdrawn or “amended” to the detriment of employees.

Senior lawyer Qazi Jawad Ehsanullah appeared for the petitioners and said the government’s notification declared that the federal cabinet had approved the monetisation of free electricity units admissible to the employees of Wapda, former Wapda companies, including distribution companies (Discos), generation companies (Gencos), National Transmission and Dispatch Company (NTDC), and Power Information Technology Company (PITC).

He added that the government had also ordered the freezing of the monetised cost of free electricity units to all senior employees of power companies and Wapda at the existing level for the future.

The counsel said that free electricity units had “always been part of the vested and settled” terms and conditions of employees of Wapda and all other Discos, including Pesco, but the government monetised them after withdrawal.

He said that facility had been provided to Wapda employees since the early 70s, while it was offered to employees by all generation, transmission and distribution companies that came into being after the bifurcation of the Wapda’s water and power wings.

Mr Ehsanullah said the grade-wise ceiling of the monthly provision of electricity units included 100 units for employees in grade 1-4, 150 for those in grade 5-10, 200 for those in grade 11-15, 300 for those in grade 16, 450 for those in grade 17, 600 for those in grade 18, 880 for those in grade 19, 1,100 for those in grade 20 and 1,300 for those in grade 21.

He, however, said the government had monetised that facility for the officers serving in BPS-17 and above.

Mr Jawad said the impugned order provided that Rs15,858 would be paid to grade 17 employee of Discos and Wapda every month for those units, Rs21,996 to those of grade 18, Rs37,954 to those of grade 19, Rs46,992 to those of grade 20, and Rs55,536 to those of grade 21.

He argued that the caretaker government didn’t have jurisdiction to make such a major policy decision as it was merely tasked with running day-to-day affairs of the state.

The counsel contended that the Pesco had its own board of directors to run its affairs with full authority and that the government’s decisions, particularly those about the terms and conditions of employment, couldn’t be implemented against or in favour of the employees without the consent of the board.

He also claimed the provision of those electricity units was never free of charge as the Pesco regularly paid their price to the sellers of thoseunits, so they didn’t burden the exchequer.

Published in Dawn, December 29th, 2023