Delhi High Court

Negative RT-PCR results are not conclusive evidence to deny COVID-19 compensation if medical records establish infection.

Sanjeev Mehndiratta vs Govt. Of Nct Of Delhi & Anr.

Delhi High CourtJUDGMENT: May 13, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 1-2

Dr. Mehndiratta was a Medical Officer who passed away on 14.05.2021 due to COVID-19

Source reference: para. 3

She 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. 4

The 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. 5-6
02

Issues

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. 5-10

2. Whether the Petitioner is entitled to compensation based on subsequent medical evidence and a Death Audit Committee report

Source reference: para. 11-12
03

Law Applied

The Court applied the Cabinet Decision dated 13.05.2020 which governs the grant of compensation to "Corona Warriors"

Source reference: para. 6

It 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. 7

It 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. 8

The 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. 9
04

Reasoning

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. 10

The 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. 10

Crucially, the Death Audit Committee issued a certification on 25.03.2025 specifically attributing the death to COVID-19

Source reference: para. 11

Following 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, 12
05

Holding

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. 13-14

The matter was listed for compliance on 30.07.2026

Source reference: para. 15
Delhi High Court

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Sanjeev MehndirattavsGovt. Of Nct Of Delhi & Anr.

Delhi High Court · May 13, 2026

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