Navin Sinha, J.

1. Heard leaned Counsel for the petitioner and the learned Counsel for the State.

2. I.A. No. 7235 of 1008 has been filed by the heirs of the original petitioner who is stated to have been deceased during pendency of the application on 26.10.2008. The claim in the writ application is for re-imbursement of medical expenses incurred by the petitioner during his service tenure. Since the matter has financial implications for the family of the deceased after hearing the Counsels for the parties this Court considers it proper to allow I.A. No. 7235 of 2008 and directs to substitute the original deceased petitioner with his legal heirs as mentioned in paragraph 1 of the Interlocutory Application.

3. The claim in the writ application is for re-imbursement of the medical expenses quantified at appropriately Rs. 4 lacs and odd in pursuance of the Kidney replacement operation undergone by the deceased at Chennai in 2000.

4. Learned Counsel for the petitioner submits that the petitioner was granted retrospective promotion on 26.3.2002 to the IPS Cadre with effect from 19.12.1996. The period of the operation would clearly fall within the portion of his tenure as a memb