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LAHORE: The Lahore High Court has ruled that enhancement in the rate of fine on retaining official a
LAHORE: The Lahore High Court has ruled that enhancement in the rate of fine on retaining official accommodation cannot be given retrospective effect. Muhammad Naeem, a former chief engineer of Wapda, approached the court against an order passed by Multan Electric Power Company (Mepco) charging him Rs5,500 rent per day under a revised policy for retaining official accommodation after reaching superannuation. He also assailed an eviction order. Advocate Safdar Shaheen Pirzada argued on behalf of the petitioner that the order to vacate the official residence was illegal and the rate of fine imposed on the petitioner was with retrospective effect. He stated that the petitioner had been burdened with a fine of over Rs2.4 million on the basis of a revised policy passed on March 21, 2024 by giving retrospective effect. Opposing the petition, Mepco’s legal advisor Mian Muhammad Javed relied upon the revised policy on allotment of residential accommodation in the electricity distribution company. He argued that no retrospective effect had been given and the fine had been calculated as per the existing policy. In his decision, Justice Sultan Tanvir Ahmad observed that the policy clearly reads that Mepco employees retiring from service upon attaining the age of superannuation can retain the official accommodation for six months, whereas, any employee retiring before superannuation can retain such accommodation for two months. The judge noted that the petitioner retained his official residence for a period much more than what is permissible under the policy and there is no justification for this act. So far as the calculation of fine, the judge said, “I am of the view that the same is penal in nature, thus the enhancement in rate of fine cannot be given retrospective effect.” Justice Ahmad allowed the petition with a direction to the respondents to pass a fresh order about the calculation of the rent recoverable from the petitioner.
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