Facts
The Petitioner, husband of the deceased Dr. Shilpa Mehndiratta, sought compensation under the Corona Warrior Martyr Scheme (CWMS) per the Cabinet Decision dated 13.05.2020
Source reference: para. 1-2Dr. Mehndiratta was a Medical Officer who passed away on 14.05.2021 due to COVID-19
Source reference: para. 3She went on medical leave on 17.03.2021; an RT-PCR test on 26.03.2021 was negative, but a subsequent test on 31.03.2021 was positive
Source reference: para. 4The Respondent (GNCTD) rejected the claim, contending she contracted the virus during her leave period and not during the discharge of official duties
Source reference: para. 5-6Issues
1. Whether the lack of a positive RT-PCR test during the immediate period of active duty or a negative test result is a conclusive ground to deny compensation under the Corona Warrior Martyr Scheme
Source reference: para. 5-102. Whether the Petitioner is entitled to compensation based on subsequent medical evidence and a Death Audit Committee report
Source reference: para. 11-12Law Applied
The Court applied the Cabinet Decision dated 13.05.2020 which governs the grant of compensation to "Corona Warriors"
Source reference: para. 6It relied on the principle established in B. Varalakshmi v. The Secretary to Government of India, stating that authorities must avoid technicalities like mandatory RT-PCR reports when other clinching medical evidence exists
Source reference: para. 7It further adopted the holding in Machindra Maruti Gaikwad v. Union of India, which ruled that a negative RT-PCR is not the sole criterion for determining death due to COVID-19 if overwhelming medical evidence (such as CT scans or death certificates) suggests otherwise
Source reference: para. 8The precedent in Dhruv Goel vs. Govt of NCT of Delhi was also used to underscore the finality of a Death Audit Committee’s certification
Source reference: para. 9Reasoning
The Court observed that RT-PCR tests are known to produce false negatives and are not infallible indicators of whether an infection was contracted during the course of duty
Source reference: para. 10The Court reasoned that the human element and medical evidence must prevail over rigid technicalities. In this case, although the first test was negative, the second test (31.03.2021) confirmed the infection
Source reference: para. 10Crucially, the Death Audit Committee issued a certification on 25.03.2025 specifically attributing the death to COVID-19
Source reference: para. 11Following the logic in Dhruv Goel, the Court found that once a specialized committee certifies the cause of death as COVID-19, the claim under the CWMS becomes valid regardless of initial negative test reports
Source reference: para. 9, 12Holding
The Court held that the Petitioner is entitled to compensation under the Cabinet Decision dated 13.05.2020
The petition was disposed of with a direction to the Respondents to process and release the compensation in accordance with the policy within six weeks of the order
Source reference: para. 13-14The matter was listed for compliance on 30.07.2026
Source reference: para. 15Original Court PDF
Sanjeev MehndirattavsGovt. Of Nct Of Delhi & Anr.
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