SUBODH NAYAN LAKESHRI V. GENERAL MANAGER BRIHANMUMBAI ELECTRICITY SUPPLY AND TRANSPORT UNDERTAKING & ANR 2026:BHC-OS:7223-DB:

DATE: 25.03.2026

COURT: High Court of Bombay

BENCH: Justice RI Chagla and Justice Advait M Sethna

FACTS:

The petitioner’s father, Late Mr. Nayan Vasant Lakeshri, was employed as a Bus Conductor with the Brihan Mumbai Electricity Supply and Transport Undertaking (BEST) for over 27 years and was the sole earning member of the family. During the COVID-19 pandemic and the nationwide lockdown, he continued to report for duty. On 4th June 2020, while on duty, he developed symptoms of weakness and body ache, consulted a doctor, and was admitted to Seven Hills Hospital the same afternoon with classic COVID-19 symptoms including dry cough, breathing difficulty, high-grade fever, body ache, loose motions, and low SpO2 level of 73%, along with pre-existing comorbidities of diabetes and hypertension. On 6th June 2020, he suffered a myocardial infarction and was declared dead. The Medical Certificate of Cause of Death issued by Seven Hills Hospital recorded the provisional cause as (a) Myocardial Infarction and (b) Suspected Case of COVID-19. Due to prevailing COVID-19 SOPs, the body was cremated by the Brihanmumbai Municipal Corporation (BMC) without being handed over to the family.

The petitioner applied for compassionate employment as a Clerk under Administrative Order No. 407 of 2020 dated 8th May 2020 and for ex-gratia compensation of ₹50 lakhs under the Departmental Notification dated 10th June 2020 issued by BEST. After more than a year, BEST rejected the application vide letter dated 23rd November 2021 on the ground that no RT-PCR test was conducted and there were no medical documents to establish that the death was caused by COVID-19. The petitioner challenged this rejection by filing the present writ petition, contending that the death was due to COVID-19 contracted during employment and that the family was entitled to both compassionate appointment and ex-gratia payment. The Dean’s Committee of BMC later opined (vide communication dated 17th May 2022) that the death was not due to COVID-19, relying primarily on normal X-ray reports and the absence of an RT-PCR test.

ISSUES:

The core issue was whether the petitioner’s father’s death on 6th June 2020 could be treated as having occurred due to COVID-19 on the basis of preponderance of probability, despite the absence of an RT-PCR test and the Dean’s Committee opinion, thereby entitling the petitioner to compassionate employment under Administrative Order No. 407 of 2020 and ex-gratia compensation of ₹50 lakhs under the Notification dated 10th June 2020.

JUDGEMENT WITH REASONING:

The Bombay High Court allowed the writ petition in full. It quashed and set aside the impugned rejection letter dated 23rd November 2021, directed BEST to grant accelerated compassionate employment to the petitioner under Administrative Order No. 407 of 2020, and ordered the release of ₹50 lakhs ex-gratia compensation to the surviving heirs within 60 days of receipt of the authenticated copy of the order.

The Court applied the principle laid down by the Division Bench in Mayuri Krishna Jabare v. General Manager, BEST (Writ Petition No. 2019 of 2022, decided on 11.11.2022) that in cases involving death during the COVID-19 pandemic, the standard of proof is not “proof beyond reasonable doubt” but “preponderance of probability”. The hospital admission form of Seven Hills Hospital clearly recorded classic COVID-19 symptoms (dry cough, breathing difficulty, high-grade fever, body ache, loose motions) along with low SpO2 and comorbidities of diabetes and hypertension. The Cause of Death Certificate explicitly mentioned “Suspected Case of COVID-19” as one of the causes. The Court held that these contemporaneous medical records were sufficient to draw a probable inference that the death was due to COVID-19 contracted while on duty, and the mere absence of an RT-PCR test or detailed medical documentation could not be a ground to deny the benefits under the schemes.

The Court found the opinion of the BMC Dean’s Committee (issued more than two years later) to be perverse because it relied solely on normal X-ray reports and the lack of RT-PCR testing while completely ignoring the admission form, clinical symptoms, and the Cause of Death Certificate issued by the treating hospital. The Court emphasised that the petitioner’s father had served for over 27 years as the sole breadwinner and had died while answering the call of duty during the pandemic. Denying relief on technical grounds would be inhuman. Following the binding precedent in Mayuri Krishna Jabare, the Court held that the petitioner had made out a strong case for both compassionate employment and ex-gratia compensation, and directed BEST to implement the same expeditiously.

ANALYSIS:

This judgment highlights the Bombay High Court’s compassionate and pragmatic approach in dealing with claims arising from COVID-19 related deaths of government employees during the pandemic. The Court reaffirmed that the standard of proof in such cases cannot be the strict criminal standard of “proof beyond reasonable doubt” but the civil standard of “preponderance of probability”. By placing reliance on contemporaneous medical records, the hospital admission form showing classic COVID-19 symptoms (dry cough, breathing difficulty, high fever, low SpO2) along with comorbidities, and the Cause of Death Certificate listing “Suspected Case of COVID-19”, the Court held that the petitioner’s father’s death while on duty as a BEST bus conductor could reasonably be attributed to COVID-19. The absence of an RT-PCR test or exhaustive medical documentation was held insufficient to deny statutory benefits, especially when the body was cremated as per prevailing pandemic SOPs without being handed over to the family.

The Court rightly discarded the contrary opinion of the BMC Dean’s Committee as perverse, noting that it was issued more than two years later and relied selectively on normal X-ray reports while ignoring the treating hospital’s clinical findings and death certificate. This decision strengthens the principle that technicalities and bureaucratic delays should not defeat genuine claims of families who lost their sole breadwinner while performing essential duties during the COVID-19 crisis. By directing BEST to grant accelerated compassionate employment under Administrative Order No. 407 of 2020 and to release ₹50 lakhs ex-gratia compensation within 60 days, the Court balanced humanitarian considerations with legal precedent set in the Mayuri Krishna Jabare case. The ruling serves as an important precedent protecting the rights of dependents of frontline workers who sacrificed their lives during the pandemic.