The Government of India Vs Smt. M K Pravanakshi — Karnataka HC (2025) — LawSathi Research

The Government of India Vs Smt. M K Pravanakshi — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ appeal disposed of; the third direction of the learned Single Judge's order in W.P.No.45349/2012 modified to substitute the Ministry of Ports, Shipping and Waterways for the Ministry of Shipping in the mandamus concerning dearness relief to petitioner Nos.1 to 5.

Issue for consideration

Whether the third direction of the learned Single Judge's order in W.P.No.45349/2012 should be modified so that the mandamus regarding dearness relief to petitioner Nos.1 to 5 is addressed to the Ministry of Ports, Shipping and Waterways instead of the Ministry of Shipping.

Court's answer

On the limited prayer of the appellant, the Division Bench disposed of the writ appeal by modifying the third direction of the learned Single Judge's order.

Ratio / Principle

As modified, direction (iii) issues a mandamus to the Ministry of Ports, Shipping and Waterways, Union of India/Government of India (in place of the Ministry of Shipping) to initiate immediate steps to rectify the denial of dearness relief to petitioner Nos.1 to 5 and ensure they receive the entitled benefit without further delay.

Detailed headnote1 paragraphs

WRIT APPEAL NO. 1866 OF 2024 (S-RES) (NC: 2025:KHC:45326-DB) — High Court of Karnataka at Bengaluru, Division Bench: D K Singh J (author) and Tara Vitasta Ganju J; decided 06.11.2025. Filed by the Government of India (Ministry of Shipping) under Section 4 of the Karnataka High Court Act against the learned Single Judge's order in W.P.No.45349/2012 (dated 23.04.2024 per the judgment body; the cause title prints 23.01.2024), whereby the writ petition of five New Mangalore Port pensioners was allowed, communications dated 12.04.2012 and 12.07.2012 were quashed, a mandamus was issued to the Ministry of Shipping to rectify denial of dearness relief to petitioner Nos.1 to 5, and the New Mangalore Port Trust was directed to align its pension regulations with the Central Civil Services Pension Rules and implement the settlement agreement and the Indian Ports Association recommendation dated 29.11.2023. Counsel for the appellant confined the appeal to the third direction, pointing out that the concerned ministry is the Ministry of Ports, Shipping and Waterways. HELD: the appeal was disposed of by modifying the third direction, which now issues a mandamus to the Ministry of Ports, Shipping and Waterways, Union of India/Government of India, to rectify the denial of dearness relief to petitioner Nos.1 to 5 without further delay. No precedent cited; no separate or dissenting opinion.

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NC: 2025:KHC:45326-DB WA No. 1866 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH 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:

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:

Digitally signed by VASANTHA KUMARY B K

Location: HIGH COURT OF KARNATAKA

SMT. M K PRAVANAKSHI W/O LATE GANGADHAR POOJARY, AGED ABOUT 75 YEARS, R/AT NO.16, 1^ST AVENUE, NMPT COLONY, PANAMBUR, MANGALORE-575010 DAKSHINA KANNADA DISTRICT.

SMT. LETITIA CUTINHA W/O LATE SALAVADORE D SOUZA, AGED ABOUT 80 YEARS, R/AT PRASANNA HOUSE, IDDYA VILLAGE,

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SURATKAL-575014, MANGALORE. DAKSHINA KANNADA DISTRICT.

SRI PRABHAKAR JOGI S/O LATE NARAYANA JOGI, AGED ABOUT 75 YEARS, R/AT DOOR NO.6, 5^TH AVENUE, NMPT COLONY, PANAMBUR, MANGALORE-575010 DAKSHINA KANNADA DISTRICT.

SMT. SHAKUNTALA W/O LATE DHRUVA KUMAR, AGED ABOUT 78 YEARS, LAXMI NIVAS, OPP DERABAIL CHURCH, KONCHADY, MANGALORE-575010 DAKSHINA KANNADA DISTRICT.

SMT. SUNDARI W/O LATE RAMA, AGED ABOUT 70 YEARS, R/AT NO.10, 3^RD AVENUE, NMPT COLONY, PANAMBUR, MANGALORE-575010 DAKSHINA KANNADA DISTRICT.

NEW MANGALORE PORT PENSIONERS WELFARE ASSOCIATION NORTH END, QUALITY CONTROL LAB PANAMBUR, MANGALORE-575010 REPRESENTED BY ITS PRESIDENT, K SUBRAMANYA RAO

THE NEW MANGALORE PORT AUTHORITY

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HC-KAR

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:

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HC-KAR

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."

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HC-KAR

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.

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.

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HC-KAR

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