IMPORTANT POINT
The court ruled that the absence of an RTPCR test certificate does not preclude compensation claims for frontline workers who died from Covid-19 while performing their duties.

ORDER :

Gannamaneni Ramakrishna Prasad, J.

Heard Sri Mathukumilli Sri Vijay, Learned Counsel for the Writ Petitioners, Sri Kondala Rao, Learned Assistant Government Pleader for Medical and Health and Sri G. Arun Showri, Learned Standing Counsel for the Central Government appearing for the Respondent No.7.

2. Writ Petitioners are the sons of the deceased mother. The deceased mother was working in the Covid Ward in the Government General Hospital at Kakinada. During the Course of her employment, she was contacted with Covid-19 and tested positive for Covid-19 and soon thereafter, the mother of the Writ Petitioners had succumbed due to complications on account of Covid infection. During the short period, while she was being treated for Covid-19, the Respondent No.6 had referred the case of the patient (mother of the Writ Petitioners) for conduct of Rapid Antigen Test. The result of the said test was positive to the effect that the mother of the Writ Petitioners had contacted Covid-19. Due to the fact that the mother of the Writ Petitioners contacted Covid while she was working in the Covid Ward during the peak of the Covid period and that it is on account of her being involved as a ‘front-line worker’ rendering services in the Covid Ward as Nurse, she had contacted Covid. The Doctors in the Government General Hospital, Kakinada, made best possible efforts despite which they could not save her. She was admitted in the Hospital on 27.04.2021 for treatment and had died on 30.04.2021 at 02.15 P.M. The Death Audit Proforma issued by the District Expert Committee would indicate that the deceased mother had initially shown symptoms on 25.04.2021 and also the sample was collected on 27.04.2021 for Rapid Antigen Test on the same date and the result tested positive. She was kept on Oxygen supported in the Government General Hospital, Kakinada.

3. As per the Government Scheme bearing G.O.Rt.No.299, dated 14.06.2021, the claim for granting Ex-gratia in the case of a death, Covid-19 Positive Certificate and the Death Certificate stating that the death is due to Covid-19 are mandatory. In this respect, there are guidelines issued by the Government of India which show that the Laboratory Report (RTPRC), certifying that the Medical Test is positive, is required. The mother of the Writ Petitioners, who was working as Female Nursing Orderly (FNO) had admittedly died due to Covid infection. As admitted by Respondent No.5 (Superintendent of the Respondent No.6), though the Rapid Antigen Test tested positive, the mother of the Writ Petitioners had expired before the RTPCR test was done. The record also would indicate that though the mother of the Writ Petitioners had symptoms since 25.04.2021, for the first time, she was subjected to Rapid Antigen Test only on 27.04.2021 and within two and half days thereafter, she had breathed her last.

4. The record would indicate that the State Authorities had demanded certain Medical Certificates, particularly with regard to RTPCR Test, basing on which the District Collector rejected the Application of the Writ Petitioners vide Memo dated 09.12.2022 (Ex.P.1). However, thereafter, after being fully satisfied that the mother of the Writ Petitioners had died due to Covid while working as Female Nursing Orderly in the Covid Ward at Government General Hospital, Kakinada on 30.04.2021, the State Government had released Rs.15,00,000/- which is part of the Ex-gratia that fell to the share of the State Government. Under Pradhan Mantri Garib Kalyan Yojana Package through Ministry of Health and Family Welfare, there is an obligation cast on the Central Government to release Rs.50,00,000/-. Under the scheme, the cut-off date for the Union of India to receive Covid-19 claims is 31.07.2023. Initially, on account of the rejection of the claim vide Order dated 09.12.2022, the Petitioners had approached this Court by filing the present Writ Petition on 29.12.2022.

5. Having considered the elementary facts, this Court, by Order dated 01