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. 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 01.03.2023, had directed the case of the Writ Petitioners to be forwarded to Respondent No.2 namely the Principal Secretary to Government of Andhra Pradesh, Medical, Health and Family Welfare Department. 5. Having considered the elementary facts, this Court, by Order dated 01.03.2023, had directed the case of the Writ Petitioners to be forwarded to Respondent No.2 namely the Principal Secretary to Government of Andhra Pradesh, Medical, Health and Family Welfare Department. Thereafter, after having considered all the aspects, the Director of Health and Family Welfare, vide Letter dated 22.03.2023, had recommended to the Government to sanction Ex-gratia duly relaxing the condition of Covid-19 Positive Certificate and the Death Certificate stating that death is due to Covid-19 which is the requirement at point ‘d’ in Para No.3 of G.O.Rt.No.299, dated 14.06.2021 as a Special Case since the deceased has discharged her Covid duties as ‘frontline worker’ and she was admitted in Hospital without testing for Covid but later died due to covid pneumonia as per her death report. Considering these aspects, the Respondent No.1 namely the Principal Secretary to Government, Health, Medical and Family Welfare Department had addressed a Letter dated 29.03.2023 to the Secretary to Government, Ministry of Health & Family Welfare, Government of India. The Respondent No.1 has recommended to the Respondent No.7 namely the Ministry of Health & Family Welfare, Government of India represented by its Secretary to consider sanction of Ex-gratia under Special Insurance Scheme under Pradhan Mantri Garib Kalyan Package to provide the safety net to the dependents of Smt. Lankalapalli Appala Raju. The relevant portion of the Letter of Respondent No.1 addressed to Respondent No.7 is extracted hereunder : “4. In view of the existing guidelines issued under PMGKP, where in it is mentioned that the covid-19 RTPCR positive test report is mandatory for processing of the claim under PMGKP, the same was communicated by the District authorities to the claimant. The dependents of the deceased have approached Hon’ble High Court of Andhra Pradesh for seeking relief and Hon. High Court of AP, have issued orders as follows. “taking into consideration, there shall be a direction to the Commissioner of Health and Family Welfare to refer the matter to the 1st respondent (Principal Secretary Health) and the 1st respondent is directed to look into the matter and take appropriate decision within a period of one (1) month from the date of receipt of copy of this order and indicate the same to the concerned authorities to take up further action”. 5. 5. Further to state that Government of Andhra Pradesh vide G.O. 1st read above, have issued orders for sanction of additional relief to the dependents of the deceased Government Employees due to covid-19 in addition to the relief under Pradhan Mantri Garib Kalyan Package (PMGKP) Insurance Scheme. 6. As per the request of the dependents of the deceased Female Nursing orderly Smt. Lankalapalli Appala Raju, Government of AP have issued orders vide ref 10th cited duly sanctioning the additional ex-gratia as a onetime case duly relaxing condition mentioned in said G.O. that “the Covid-19 positive certificate and death certificate stating that death is due to Covid-19 are mandatory”, since the deceased employee has discharged covid duties as front line worker and in exigency she was admitted in covid hospitals without testing for covid but later died due to Covid Pneumonia (As per death report).” 6. Therefore, it is requested to consider sanction of ex-gratia under Special Insurance Scheme under Pradhan Mantri Garib Kalyan Package to provide the safety net to the dependents of Smt. Lankalapalli Appala Raju, deceased Female Nursing Orderly (FNO) who is deployed to the COVID-19 duties as ‘frontline worker’ duly relaxing the condition of “Laboratory report certifying positive medical test as required for loss of life on account of COVID-19” as a special case since her family is in distress due to loss and also other corroborative evidence as is available that she was admitted in Covid hospital but later died due to covid pneumonia.” 7. It is a matter of record that this Court, vide Order dated 10.07.2023, had suo motu impleaded the Secretary to Government, Ministry of Health and Family Welfare, Government of India as Respondent No.7. Despite the fact that the Respondent No.7 was put on Notice, several adjournments were sought by the Learned Deputy Solicitor General for obtaining instructions in this matter. The matter was listed on 20.07.2023, 25.07.2023, 28.07.2023, 16.08.2023, 17.08.2023 and 31.08.2023 only for getting instructions from the Respondent No.7. Sri G. Arun Showri, who is the Standing Counsel for the Central Government had appeared for Respondent No.7. FINDINGS: 8. The matter was listed on 20.07.2023, 25.07.2023, 28.07.2023, 16.08.2023, 17.08.2023 and 31.08.2023 only for getting instructions from the Respondent No.7. Sri G. Arun Showri, who is the Standing Counsel for the Central Government had appeared for Respondent No.7. FINDINGS: 8. Having regard to the facts of this case, this Court notes that the State Government, having been satisfied that the cause of death of the mother of the Writ Petitioners was on account of Covid-19 as she was working as Female Nursing Orderly as ‘frontline worker’ in the Covid Ward at Government General Hospital, Kakinada, has already sanctioned and paid Rs.15,00,000/- as part of the share of the State Government. Under the Pradhan Mantri Garib Kalyan Yojana (Insurance Scheme for Health Workers fighting Covid19). The Writ Petitioners, as children of the Health Workers, fighting Covid19, would be entitled to the claim of Rs.50,00,000/-. The facts on record would clearly establish that the mother of the Writ Petitioners namely Smt. Lankalapalli Appala Raju was working as Female Nursing Orderly in the Covid Ward of the Government General Hospital, Kakinada. Admittedly, she is a ‘frontline Covid worker’. She had developed symptoms of Covid from 25.04.2021 and she was admitted in the Covid Ward of the same Hospital, where she was working, on 27.04.2021. On the same date, the Rapid Antigen Test conducted, which emerged positive for Covid. However, during her treatment, even before the RTPCR Test was done, within a couple of days, Smt. Lankalapalli Appala Raju had succumbed due to Covid. The Hospital administration as well as the Official Respondents of the State Government would admit this fact. Therefore, this Court concludes and holds that the mother of the Writ Petitioners had died on account of Covid. There is no material on record to take a view which is contrary to the view expressed by the Health Authorities and the Superintendent of the Hospital. Material documents which are filed would also clinchingly establish that the mother of the Writ Petitioners, as a ‘frontline worker’ died due to Covid on 27.04.2021. 9. It is also fact that on initial rejection only on the technical ground that the RTPCR test has not been administered to the deceased person, the Writ Petitioners have approached this Court way back on 29.12.2022. 9. It is also fact that on initial rejection only on the technical ground that the RTPCR test has not been administered to the deceased person, the Writ Petitioners have approached this Court way back on 29.12.2022. Soon thereafter, during the pendency of this Writ Petition, the Official Respondents of the Government of Andhra Pradesh were completely satisfied as regards the cause of death and disbursed an amount of Rs.15,00,000/- as Ex-gratia. Since the Writ Petitioners have approached this Court well before the cut-off date i.e., on 31.07.2023 and that this Court, though had impleaded the Secretary to Government, Ministry of Health and Family Welfare, Government of India, as party Respondent on 10.07.2023, the said Respondent No.7, for whatever reasons, could not furnish Written Instructions. Under these circumstances, this Court is of the considered opinion that there is no manner of any doubt that the deceased mother of the Writ Petitioners had expired due to Covid-19. It is also an admitted fact that she is a ‘frontline Covid worker’ inasmuch as she had worked in the Covid Ward at Government General Hospital, Kakinada, as Female Nursing Orderly. This Court also agrees with the opinion rendered by the Official Respondents that during the course of her employment, she had developed Covid Symptoms on 25.04.2021 and was admitted in the same ward on 27.04.2021. She was administered Rapid Antigen Test on 27.04.2021, which tested positive. However, within two and half days thereafter, i.e., on 30.04.2021, at 02.15 P.M., she has breathed her last. This Court is conscious of the fact that during the relevant time, when the deceased employee had contacted with Covid, there was inadequacy of testing kits. However, the Officers who worked in the Ward including the Superintendent of the Hospital have certified about the cause of her death. There is also clinching documentary evidence establishing the above facts. Therefore, mere absence of RTPCR Test Certificate, under the present circumstances, cannot be put against the Writ Petitioners as regards their entitlement for Ex-gratia/compensation under the Insurance Scheme. 10. Since the Writ Petitioners have approached this Court way back in December, 2022, the deadline date as fixed for being entitled for Insurance Scheme under the Pradhan Mantri Garib Kalyan Yojana package i.e., on 31.07.2023 cannot come in the way of the entitlement of the Writ Petitioners. 10. Since the Writ Petitioners have approached this Court way back in December, 2022, the deadline date as fixed for being entitled for Insurance Scheme under the Pradhan Mantri Garib Kalyan Yojana package i.e., on 31.07.2023 cannot come in the way of the entitlement of the Writ Petitioners. The State Government, after having been satisfied about the cause of death of the mother of the Writ Petitioners, had already sanctioned and paid Rs.15,00,000/-as Ex-gratia. This apart, much delay was caused due to non-response from Respondent No.7-Secretary to Government, Ministry of Health and Family Welfare, Government of India. 11. Under these circumstances, this Writ Petition stands allowed. There shall be a direction to the Respondent No.7 to process the requisition of the Writ Petitioners without reference to the absence of RTPCR Test Certificate and the cut-off date which is fixed i.e., 31.07.2023. The Respondent No.7 is directed to process the case of the Writ Petitioners and issue necessary orders for the timely disbursement of Rs.50,00,000/-in favour of the Writ Petitioners within a period of eight weeks from today. No order as to costs. 12. Interlocutory Applications, if any, stand closed in terms of this order.