Orissa High Court
WP(C)/6741/2021 of BIJAY KRISHNA MISHRA Vs UNION OF INDIA on 7 August 2026
of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 1039 of 2012 CNR No.ODHC010019192012 Bhubaneswar Mohapatra & Ors. ..... Petitioners Mr. S. Das, Advocate -versus- Union of India & Anr. ..... Opp. Parties Mr. S.D. Das, Sr. Adv. Mr. M.K. Pradhan, CGC W.P.(C) No. 6741 of 2021 CNR
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 1039 of 2012
CNR No.ODHC010019192012
Bhubaneswar Mohapatra & Ors. .....
Petitioners
Mr. S. Das, Advocate
-versus-
Union of India & Anr.
.....
Opp. Parties
Mr. S.D. Das, Sr. Adv.
Mr. M.K. Pradhan, CGC
W.P.(C) No. 6741 of 2021
CNR No.ODHC010132672021
Bijay Krishna Mishra & Ors.
.....
Petitioners
Mr. M.K. Khuntia, Advocate
-versus-
Union of India & Anr.
.....
Opp. Parties
Mr. P.K. Rout, Adv.
Mr. M.K. Pradhan, CGC
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
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ORDER
07.08.2026
Order No. 23
1. This matter is taken up through hybrid mode.
2. Since the issue involved in both the cases is identical, both the matters are heard analogously and disposed of by the present common order.
3. Heard Mr. S. Das, learned counsel in appearing for the Petitioners in W.P.(C) No.1039 of 2012 and Mr. M.K. Khuntia, learned counsel appearing for the Petitioners in W.P.(C) No.6741 of 2021 along with
Mr. S.D. Das, learned Senior Counsel appearing for the Paradip Port Trust in W.P.(C) No.1039 of 2012 and Mr. P.K. Rout, learned counsel appearing for Paradip Port Trust in W.P.(C) No.6741 of 2021 and Mr. M.K. Pradhan, learned CGC appearing in both the cases.
4. It is contended that while extending the benefit of revised scale of pay w.e.f. 01.01.2007 vide the impugned order dated 26.07.2010, since the benefit of the allowances were made effective from the date of issue of the order, Petitioners were aggrieved by the stipulation contained in the order dated 26.07.2010 issued by the Opp. Party No.1- Secretary, Ministry of Shipping Port Wing.
5. Mr. S.D. Das, learned counsel and Mr. P.K. Rout, learned counsel appearing for the Paradip Port Trust contended that since such a stipulation was made by the Govt. of India, they do not have any role with regard to extension of any benefit in favour of the Petitioners.
5.1. Mr. M.K. Pradhan, learned CGC supported the impugned order so far as extension of the allowances from the date of issuance of the impugned order.
6. Having heard learned counsel for the Parties and considering the submission made, this Court while disposing of the Writ Petition permits the Petitioners to move the application before Opp. Party No.1 for consideration of their claim to get the benefit of cafeteria allowance w.e.f. 01.01.2007, so allowed in the case of revised scale of pay.
7. It is observed that if any such application is moved within a period of three (3) weeks hence, Opp. Party No. 1 shall do well to take a lawful decision on the same within a further period of three (3)
months from the date of receipt of such application. The order so passed by Opp. Party No. 1 be communicated to the Petitioner.
8. Accordingly, both the Writ Petitions stand disposed of. Photo copy of this order be placed in the connected case record.
(BIRAJA PRASANNA SATAPATHY)
Judge
Jyoti Digitally Signed Signed by: JYOTIPRAVA BHOL Reason: Authentication Location: HIGH COURT OF ORISSA Date: 11-Aug-2026 19:05:33 Signature Not Verified