Case Note & Summary
The dispute arose from a Writ Petition filed by the Petitioner, against the General Manager of Brihan Mumbai Electricity Supply and Transport Undertaking (BEST) and the Brihanmumbai Municipal Corporation (BMC). The Petitioner's father, a Bus Conductor with BEST, died on 6th June 2020 during the COVID-19 pandemic, with a medical certificate listing myocardial infarction and suspected COVID-19 as causes. The Petitioner applied for compassionate appointment under Administrative Order No. 407 of 2020 and ex-gratia compensation under a Departmental Notification dated 10th June 2020, but BEST rejected the application in November 2021, citing lack of RTPCR test and definitive COVID-19 evidence. The core legal issues were whether the Petitioner was entitled to these benefits based on his father's death due to COVID-19, and the applicable standard of proof. The Petitioner argued that medical records, including a cause of death report and hospital admission form showing COVID-19 symptoms, established death due to COVID-19 on a preponderance of probability, as per a precedent case. The Respondents contended that the Dean Committee's opinion, which found no COVID-19 evidence due to normal X-ray reports and absence of RTPCR test, justified the rejection. The Court analyzed the evidence and applied the preponderance of probability standard, emphasizing that in civil cases like this, strict proof beyond reasonable doubt is not required. It found the medical evidence sufficient to infer death due to COVID-19, noting that the Dean Committee's opinion was perverse and contrary to hospital records. Relying on a similar Division Bench decision, the Court held that the Petitioner was entitled to relief. The final decision quashed the impugned rejection letter, directed BEST to reconsider the compassionate appointment application, and ordered the release of Rs. 50,00,000/- as ex-gratia compensation to the Petitioner.
Headnote
A) Administrative Law - Compassionate Appointment - Standard of Proof for COVID-19 Death - Administrative Order No. 407 of 2020 dated 8th May 2020 - Petitioner sought compassionate appointment after father's death, which was rejected due to lack of RTPCR test - Court applied preponderance of probability standard, relying on medical evidence including cause of death report and admission form indicating COVID-19 symptoms - Held that rejection was unjustified and directed reconsideration for compassionate appointment (Paras 1-25). B) Employment Law - Ex-Gratia Compensation - Eligibility for COVID-19 Death Benefits - Departmental Notification dated 10th June 2020 - Petitioner claimed ex-gratia compensation of Rs. 50,00,000/- under notification for father's death due to COVID-19 - Court found medical evidence sufficient to establish death due to COVID-19 on preponderance of probability, despite Dean Committee's contrary opinion - Held that Petitioner is entitled to compensation and directed release of amount (Paras 1-25). C) Evidence Law - Standard of Proof - Preponderance of Probability in Civil Cases - Not mentioned - Court clarified that standard of proof for establishing COVID-19 death in compassionate cases is preponderance of probability, not proof beyond reasonable doubt - Applied this principle to assess medical evidence and draw inference of death due to COVID-19 - Held that absence of RTPCR test does not preclude relief if other evidence supports probability (Paras 17-25).
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Issue of Consideration: Whether the Petitioner is entitled to compassionate appointment and ex-gratia compensation under Administrative Order No. 407 of 2020 and Departmental Notification dated 10th June 2020, respectively, on the ground that his father died due to COVID-19 during employment, despite the absence of an RTPCR test and conflicting medical opinions.
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Final Decision
Court quashed and set aside the impugned decision communicated vide letter dated 23rd November 2021. Directed Respondents to forthwith give employment to Petitioner on compassionate grounds by considering his case under Administrative Order No. 407 of 2020. Further directed Respondents to forthwith give ex-gratia compensation by considering Petitioner's case under Departmental Notification dated 10th June 2020.
