- 1 - HC-KAR NC: 2025:KHC:45326-DB WA No. 1866 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1866 OF 2024 (S-RES) BETWEEN: 1. THE GOVERNMENT OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF SHIPPING (PORTS WING), TRANSPORT BHAVAN, NO.1 PARLIAMENT STREET, NEW DELHI-110001 …APPELLANT (BY SRI. PRAMOD B., ADVOCATE) AND: 1. SMT. M K PRAVANAKSHI W/O LATE GANGADHAR POOJARY, AGED ABOUT 75 YEARS, R/AT NO.16, 1ST AVENUE, NMPT COLONY, PANAMBUR, MANGALORE-575010 DAKSHINA KANNADA DISTRICT. 2. SMT. LETITIA CUTINHA W/O LATE SALAVADORE D SOUZA, AGED ABOUT 80 YEARS, R/AT PRASANNA HOUSE, IDDYA VILLAGE, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45326-DB WA No. 1866 of 2024 SURATKAL-575014, MANGALORE. DAKSHINA KANNADA DISTRICT. 3. SRI PRABHAKAR JOGI S/O LATE NARAYANA JOGI, AGED ABOUT 75 YEARS, R/AT DOOR NO.6, 5TH AVENUE, NMPT COLONY, PANAMBUR, MANGALORE-575010 DAKSHINA KANNADA DISTRICT. 4. SMT. SHAKUNTALA W/O LATE DHRUVA KUMAR, AGED ABOUT 78 YEARS, LAXMI NIVAS, OPP DERABAIL CHURCH, KONCHADY, MANGALORE-575010 DAKSHINA KANNADA DISTRICT. 5. SMT. SUNDARI W/O LATE RAMA, AGED ABOUT 70 YEARS, R/AT NO.10, 3RD AVENUE, NMPT COLONY, PANAMBUR, MANGALORE-575010 DAKSHINA KANNADA DISTRICT. 6. NEW MANGALORE PORT PENSIONERS WELFARE ASSOCIATION NORTH END, QUALITY CONTROL LAB PANAMBUR, MANGALORE-575010 REPRESENTED BY ITS PRESIDENT, K SUBRAMANYA RAO 7. THE NEW MANGALORE PORT AUTHORITY - 3 - HC-KAR NC: 2025:KHC:45326-DB WA No. 1866 of 2024 PANAMBUR, MANGALORE-575010 REPRESENTED BY ITS CHAIRMAN. …RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 23.01.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No.45349/2012 WHICH IS PREJUICIAL TO THE INTEREST OF THE APPELLANT, ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed by the Union of India being aggrieved by the third direction issued by the learned Single Judge in W.P.No.45349/2012. The operative portion of the order dated 23.04.2024 passed by the learned Single Judge in W.P.No.45349/2012 reads as under: "22. In light of the foregoing considerations and the principles of equity, fairness, and constitutional rights, this Court proceeds to pass the following: - 4 - HC-KAR NC: 2025:KHC:45326-DB WA No. 1866 of 2024 ORDER (i) The writ petition is allowed; (ii) The impugned communications dated 12.04.2012 and 12.07.2012 issued by respondent No.2 as per Annexures-A1 to A6 and Annexure-B respectively are hereby quashed; (iii) A mandamus is issued to the Ministry of Shipping, Government of India, to initiate immediate steps to rectify the denial of dearness relief to petitioner Nos.1 to 5 and ensure that they receive the entitled benefits without further delay; (iv) The New Mangalore Port Trust shall align its pension regulations with the Central Civil Services Pension Rules, ensuring parity in pension entitlements with pensioners under the Central Government by implementing settlement agreement and the recommendation issued by the Indian Ports Association dated 29.11.2023; (v) The Indian Ports Association and port federations are hereby directed to expedite the implementation of the resolutions and agreements reached with industry stakeholders, thereby translating the consensus on pension regulations into actionable polices; (vi) This exercise shall be completed within a period of four months from the date of receipt of a copy of this order; (vii) Pending I.As., if any, do not survive for consideration and stand disposed of." - 5 - HC-KAR NC: 2025:KHC:45326-DB WA No. 1866 of 2024 2. Sri B. Pramod, learned counsel for the appellant submits that he is only concerned with the third direction. The Ministry is the Ministry of Ports, Shipping and Waterways. There is one Department of Shipping in the Ministry. The Ministry has primarily three Departments namely Ports, Shipping and Waterways. He therefore, submits that this Court may correct the third direction and in place of the Ministry of Shipping, this Court may direct/modify it as the Ministry of Ports, Shipping and Waterways to ensure that petitioner Nos.1 to 5 before the writ Court receive the entitled benefit of dearness relief. 3. Considering the limited prayer made in this appeal, we dispose of this appeal by modifying the third direction as under: (iii) A mandamus is issued to the Ministry of Ports, Shipping and Waterways, Union of India/Government of India to initiate immediate steps to rectify the denial of dearness relief to petitioner Nos.1 to 5 and to ensure they receive the entitled benefit without further delay. - 6 - HC-KAR NC: 2025:KHC:45326-DB WA No. 1866 of 2024 With the aforesaid, the writ appeal is disposed off. SD/- (D K SINGH) JUDGE SD/- (TARA VITASTA GANJU) JUDGE RKA List No.: 1 Sl No.: 2