The Bombay High Court has clarified that in cases of alleged Covid-19-related deaths of public service employees, the standard of proof for granting compassionate employment or ex-gratia benefits is not proof beyond reasonable doubt, but preponderance of probability. This ruling affirms that procedural gaps such as absence of RTPCR tests cannot override clinical and documentary evidence of classic symptoms, especially when the deceased was actively serving during the pandemic.
Background & Facts
The Dispute
The petitioner, Sharayu Khot, sought compassionate employment and ex-gratia compensation following the death of his father, Late Mr. Nayan Vasant Lakeshri, a Bus Conductor with Brihanmumbai Electricity Supply and Transport Undertaking (BEST). The father died on 6th June 2020 after being admitted to Seven Hills Hospital on 4th June 2020 with symptoms consistent with Covid-19. The petitioner’s application for employment and compensation was rejected on 23rd November 2021 due to lack of RTPCR test results and incomplete medical documentation.
Key Facts
- The petitioner’s father was employed with BEST as a Bus Conductor from 1993 until his death on 6th June 2020, with over 27 years of service.
- He was on duty on 4th June 2020 and reported symptoms including dry cough, breathing difficulty, high-grade fever, body ache, and loose motion.
- He was admitted to Seven Hills Hospital on 4th June 2020 with an SpO2 level of 73%.
- He had comorbidities: diabetes and hypertension, each for 8 - 9 years.
- He suffered a myocardial infarction on 6th June 2020 and was declared dead.
- The Medical Certificate of Cause of Death (No. 009139) dated 6th June 2020 listed: (a) Myocardial Infarction and (b) Suspected Case of Covid-19.
- No post-mortem was conducted, as per Circular No. DMER/Death Certificate/No. PM/Covid 19/35/2020 dated 6th June 2020, which permitted death certification based on clinical history and external examination during the pandemic.
- The petitioner applied for compassionate employment on 19th July 2020 and his mother submitted a similar request on 22nd July 2020.
- The Respondent No. 2 (BMC) Dean’s Committee, in a communication dated 17th May 2022, rejected the claim on grounds of normal X-ray and absence of RTPCR test.
Procedural History
- 4th June 2020: Petitioner’s father admitted to Seven Hills Hospital with suspected Covid-19 symptoms.
- 6th June 2020: Death declared; Cause of Death Certificate issued.
- 19th June 2020: First request for compassionate employment sent to BEST.
- 19th July 2020: Formal application for compassionate employment submitted.
- 22nd July 2020: Mother’s letter reinforcing the request.
- 23rd November 2021: Rejection letter issued by BEST citing absence of RTPCR and medical records.
- 17th May 2022: BMC Dean’s Committee issues opinion rejecting Covid-19 causation based on X-ray and lack of RTPCR.
- 25th March 2023: Writ Petition No. 2411 of 2023 filed before Bombay High Court.
The Parties' Positions
The petitioner contended that his father’s death occurred in the course of duty during the pandemic and met the criteria for compassionate employment and ex-gratia compensation under Administrative Order No. 407 of 2020 and Departmental Notification dated 10th June 2020. The respondents argued that without RTPCR confirmation or definitive medical proof, the death could not be classified as Covid-19 related, and therefore benefits were not triggered.
Relief Sought
The petitioner sought:
- Quashing of the rejection order dated 23rd November 2021
- Compassionate employment under Administrative Order No. 407 of 2020
- Ex-gratia compensation of Rs. 50,00,000 under the Departmental Notification dated 10th June 2020
The Legal Issue
The central question was whether the absence of an RTPCR test and formal medical documentation can justify denial of compassionate employment and ex-gratia compensation when clinical symptoms, hospital admission records, and official death certification strongly indicate death due to Covid-19 during the pandemic.
Arguments Presented
For the Petitioner
The petitioner’s counsel, Ms. Madhavi Tavanandi, relied on Mayuri Krishna Jabare v. General Manager, BEST & Anr. (Writ Petition No. 2019 of 2022), where the Bombay High Court held that the standard of proof in such cases is preponderance of probability, not proof beyond reasonable doubt. She emphasized that the symptoms recorded in the Seven Hills Hospital admission form - dry cough, breathing difficulty, fever, body ache, and low SpO2 - were classic indicators of Covid-19. She argued that the circulars issued by the Government of Maharashtra during the pandemic permitted death certification without RTPCR, and that denying benefits on technical grounds would be inhuman, especially when the deceased was a frontline worker.
For the Respondent
Mr. Vishal Talsania, counsel for BEST, contended that the Cause of Death Certificate listed myocardial infarction as primary cause and Covid-19 only as suspected. He relied on the BMC Dean’s Committee’s opinion dated 17th May 2022, which noted normal X-ray reports and absence of RTPCR test as conclusive grounds for rejection. He cited the Government Resolution dated 29th May 2020, which tied ex-gratia compensation to confirmed Covid-19 deaths, and argued that the petitioner failed to meet the conditions under Clause 3(v) and (vi) of the 10th June 2020 Notification.
The Court's Analysis
The Court undertook a detailed review of the medical and procedural context prevailing during the peak of the pandemic. It noted that the Government of Maharashtra, through Circular No. DMER/Death Certificate/No. PM/Covid 19/35/2020, explicitly permitted death certification based on clinical history, external examination, and inquest, without requiring post-mortem or RTPCR in suspected cases.
"It would indeed be inhuman on the part of the Court to refrain from interfering in this case and fold its hands to decline relief to the heirs of the Petitioner’s father, who died while answering the call of duty."
The Court emphasized that the Mayuri Krishna Jabare precedent was directly on point: the absence of RTPCR could not be a dispositive factor when clinical evidence was overwhelming. The admission form from Seven Hills Hospital documented symptoms consistent with Covid-19, and the SpO2 level of 73% indicated severe respiratory compromise. The presence of comorbidities did not negate the role of Covid-19 as a contributing or primary cause.
The Court further criticized the BMC Dean’s Committee’s opinion dated 17th May 2022 as being selective and retrospective. It noted that the Committee relied solely on an X-ray report, ignoring the detailed admission records and the official Cause of Death Certificate issued by the hospital. The delay of over two years in issuing this opinion further undermined its credibility.
The Court held that the standard of proof applicable in such cases is preponderance of probability, not scientific certainty. Given the totality of evidence - symptoms, hospital admission, official certification under pandemic protocols, and the deceased’s frontline role - the inference that the death was due to Covid-19 was not only reasonable but inevitable.
The Verdict
The writ petition was allowed. The impugned order dated 23rd November 2021 was quashed. The Respondent No. 1 - BEST is directed to grant compassionate employment to the petitioner under Administrative Order No. 407 of 2020 and to release ex-gratia compensation of Rs. 50,00,000 to the surviving heirs of the deceased under the Departmental Notification dated 10th June 2020. Both actions must be completed within 60 days of receipt of the authenticated copy of this order. No order as to costs.
What This Means For Similar Cases
Preponderance of Probability Is the Standard
- Practitioners must argue that in pandemic-related death claims, the burden is not to prove Covid-19 beyond doubt but to show it is more probable than not.
- Clinical symptoms, hospital records, and official death certificates issued under pandemic protocols are sufficient to meet this standard.
- Absence of RTPCR or post-mortem cannot be used as automatic grounds for denial.
Compassionate Employment Cannot Be Delayed by Bureaucratic Hurdles
- Employers must act promptly on compassionate applications when the deceased was a frontline worker.
- Delays exceeding one year, especially without substantive medical review, are legally unsustainable.
- Administrative orders must be interpreted liberally in favor of dependents of deceased employees who died in service.
Ex-Gratia Compensation Is Not Conditional on Perfect Documentation
- Notifications issued during emergencies must be read in context of operational realities.
- If a government circular permits death certification without RTPCR, then benefits under related schemes cannot be denied on that ground.
- The Rs. 50,00,000 compensation is not a discretionary grant but a statutory entitlement triggered by the criteria laid out in the notification.
