Power Plant Engineer’s Widow To Get ₹50 Lakh COVID Aid Despite Missing RT-PCR, Allahabad HC Cites Hospital’s Positive Antigen Test And COVID Death Record

The petitioner’s husband, a Junior Engineer at the Obra Thermal Power Project, continued working during the COVID-19 pandemic.

He was admitted to a government COVID hospital on 28 April 2021; his bed-head ticket recorded a positive antigen result, and the hospital’s death proforma recorded COVID-19 viral pneumonia followed by cardiopulmonary arrest. He died on 5 May 2021

The project’s Chief General Manager recommended ex gratia assistance of ₹50 lakh, and the District Magistrate initially approved the claim following a committee report. After verification, the District Magistrate rejected it on 16 November 2021, principally because a separate positive RT-PCR report was unavailable

The petitioner sought to quash that decision and obtain payment under the Government scheme

The Government scheme provides one-time ex gratia assistance of ₹50 lakh to dependants of personnel who die from COVID-19 while performing qualifying duties; it requires certification of the relevant duty and of death due to COVID-19

The Government Order dated 26 July 2021 requires supporting records to be uploaded, including a legible copy of an RT-PCR, antigen, or CT scan report; these are alternative forms of evidence, not a requirement for an RT-PCR report alone

The scheme’s death-certificate form also permits the certifying medical authority to identify another source of confirmation where testing was not undertaken by the specified methods

These requirements serve verification of duty, infection, and cause of death, and must be applied consistently with that purpose; a missing separate report does not defeat a claim where official records establish the relevant facts and are accepted by the authorities

The Court found that the deceased’s qualifying duty had been accepted, the claim had been initially approved, and the supporting records had been verified

The hospital records contemporaneously documented a positive antigen result and COVID-19 viral pneumonia, while the respondents’ affidavit acknowledged the infection, admission, and death during treatment; the authenticity of those records was not disputed

Because the scheme recognises antigen testing and other medical sources of confirmation, the absence of a separate report did not negate the evidence already on record. The portal-upload difficulty was administrative and could not justify rejection where the scheme’s substantive requirements were established

Given the prior approval and the absence of any further factual inquiry required on the stated objection, remittal would only delay payment

It allowed the petition, quashed the District Magistrate’s order dated 16 November 2021, and directed the State Government, through the Relief Commissioner, Uttar Pradesh, and the District Magistrate, Sonbhadra, to release ₹50 lakh to the petitioner within eight weeks of production of a certified copy of the order. No costs were awarded