This writ petition has been filed seeking a direction to the respondents for reimbursement of medical expenditure in full incurred by the petitioner in the treatment of his wife.

2. Case of the petitioner is that he is presently working as Inspector of Police in the Special Branch Head Quarter of Assam Police, Kahilipara, Guwahati. In the year 2008, his wife Swapna Chakraborty fell ill. Despite treatment at Guwahati, she did not recover. She was then taken to AMRI Hospital at Kolkata for treatment where her ailment was diagnosed as carcinoma of the cervix. She had to undergo hospitalization in the said hospital on a number of occasions for chemotherapy and surgery. After completion of treatment in December, 2008, she returned home at Guwahati.

3. However, in November 2009, the health of petitioner's wife suddenly deteriorated. She had to be taken to AMRI Hospital, Kolkata where she was under treatment from 11.11.2009 to 6.12.2009. As she did not show any sign of recovery, she was brought back to Guwahati where she expired on 20.1.2010.

4. According to the petitioner, he being an employee of the Assam Government, he is entitled to re-imbursement of the medical expenses incurred in the treatment of his wife. Accordingly, he submitted application dated 29.5.2010 to the Director General of Police, Assam through proper channel for reimbursement of medical expenditure in the treatment of his wife. Petitioner enclosed the essential certificate along with the application claiming a total amount of Rs.6,90,879.

5. Deputy Inspector General of Police (A), Assam wrote to the Director of Health Services, Assam vide letter dated 14.7.2010 enclosing therewith the proposal of the petitioner. Stating that the patient had undergone treatment at AMRI Hospital, Kolkata without approval of the Director of Health Services, Assam, the latter was-requested to grant ex post facto approval and admissibility report for payment of Rs.6,90,879 being the medical reimbursement for treatment of the petitioner's wife. It appears that the Director of Health Services, Assam approved payment of Rs.6,78,750 as medical re-imbursement to the petitioner.

6. After sometime, Government of Assam in the Home (A) Department issued intimation to the Accountant General, Assam dated 9.12.2011 conveying fresh sanction to the payment of Rs. 1,69,975 to the petitioner as medical re-imbursement being the cost incurred in connection with the treatment of his wife Swapna Chakraborty at AMRI Hospital, Kolkata. The said intimation was issued on the basis of admissibility report of the Director of Health Services dated 9.8.2011. As per the said admissibility report, out of the claim of Rs.6,90,879, an amount of Rs.5,20,904 was deducted as non-admissible amount. The admissible amount was quantified at Rs. 1,69,975. The previous admissibility report was cancelled.

7. Aggrieved, petitioner has filed the present writ petition seeking the relief as indicated above.

8. Contention of the petitioner is that his claim is a genuine one. As a matter of fact, the amount claimed by him is much lesser than the actual expenditure incurred by him, not to speak of travel and lodging expenses. Petitioner, being a Government employee, is entitled to medical re-imbursement for the expenses incurred in the treatment of his wife. Respondents have accepted his claim by paying a part of it. Therefore, action of the respondents in not paying the entire amount is without any justification.

9. A formal affidavit has been filed by respondent No.4. It is stated that an amount of Rs. 1,69,975 had already been paid to the petitioner as medical re-imbursement by crediting the said amount to his bank account.

10. In his affidavit, respondent No.5, i.e., Director of Health Services, Assam has ,stated that treatment cost claimed by the petitioner is reimbursable. He, however, stated that Finance Department had directed re-examination of the claim of the petitioner for medical re-imbursement by allowing only re-imbursement of

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