Facts: The Petitioner’s father, a Bus Conductor with the BrihanMumbai Electricity Supply and Transport Undertaking (BEST), died on June 6, 2020, during the Covid-19 pandemic. He had reported for duty regularly during the lockdown. On June 4, 2020, he developed classic Covid-19 symptoms, including high fever, dry cough, and breathing difficulties, and was admitted to Seven Hills Hospital. The Medical Certificate of Cause of Death listed "Myocardial Infarction" and "Suspected Case of Covid-19". Following his death, the Petitioner applied for compassionate employment and ex-gratia compensation of Rs. 50,00,000/- under relevant government schemes. Respondent No. 1 (BEST) rejected the application on November 23, 2021, citing the absence of an RTPCR test and a Dean’s Committee report stating death was not caused by Covid-19.
Procedural Posture: The Petitioner filed a Writ Petition under Article 226 of the Constitution of India before the High Court of Judicature at Bombay, seeking to quash the rejection letter and seeking directions for employment and compensation.
Issue: Whether the absence of a positive RTPCR test is sufficient ground to deny compassionate appointment and ex-gratia compensation when medical symptoms and death certificates strongly suggest a Covid-19 related death.
Holding: No, the rejection was improper. The Court quashed the impugned decision and directed the Respondents to provide compassionate employment and release the ex-gratia compensation.
Reasoning: The Court relied on the precedent in "Mayuri Krishna Jabare vs. General Manager, BEST", holding that the standard of proof in such cases is the "preponderance of probability", not "proof beyond reasonable doubt". The Court observed that the deceased exhibited classic Covid-19 symptoms and had comorbidities. It held that it would be "inhuman" to deny benefits simply because an RTPCR test was not conducted, especially when the hospital treated the case as a "Suspected Case of Covid-19" and the body was cremated by the BMC without being handed over to the family. The Court found the Dean’s Committee's reliance on a clear X-ray report insufficient to override the clinical symptoms and the cause of death certificate.