The main legal point established in the judgment is the retrospective application of the office memorandum dated 18.09.2013 to remedy the lack of clarity and advance the ends of justice in the context of medical reimbursement for government employees and their family members.

Heard Mr. Somik Deb, learned counsel appearing for the petitioner as well as Mr. T.D. Majumder, learned G.A. appearing for the respondents.

2. By means of this writ petition, the petitioner who is serving as a the Rifleman (GD), Group-C in the 8th Battalion TSR (IRiii) has challenged the decision of the respondents reflected in the communication dated 18.04.2015, Annexure-H to the writ petition, whereby the Director General of Police, Tripura, it has ordered that the reimbursement of the medical expenses, as defrayed by the petitioner for purpose of treatment of his father, who was admittedly suffering from cancer, cannot be made as the case is not covered by the office memorandum dated 18.09.2013. There is no dispute that the petitioner has been appointed in terms of the Rule 8(2) of the TSR (Recruitment) Rules, 1984. The said rule provides that ‘25% of direct recruitment in all ranks in TSR Battalions are made from the State & Union Territories outside Tripura’. However, subsequently the quota has been reduced to 15%. As a result, there is nothing wrong that the petitioner’s family resided somewhere outside the State.

3. The petitioner’s father namely, Jaleswar Singh, now deceased, was suffering from cancer and he was a native of Gulmohar City, Derabashi, Chandigarh. In the first part of 2011, the petitioner’s father had expired suffering from cancer in brain. The petitioner arranged for treatment of his father in a private hospital namely, Silver Oaks Hospital, SAS Nagar, Mohali, Chandigarh and PGINER, Chandigarh. The petitioner submitted the bills for reimbursement of the said medical expenses which he had incurred for treatment of his father from the period from 25.07.2011 to 21.08.2011. The bill for Rs.2,46,454/- (Rupees Two lacs Forty Six thousand Four hundred Fifty Four) was submitted to the Commandant, 8th Battalion TSR, the respondent No.4 herein. It appears that by the communication dated 27.02.2012, Annexure-A to the writ petition, the said Commandant sent a communication raising a query to the Asst. Inspector General of Police and to expedite the said reimbursement process. By the said communication, what has been emphatically made is that at the relevant point of time, the issue of medical reimbursement of the persons whose families are staying outside the State was still pending with the Government. There was no specific order or direction. There is no dispute further that the memorandum under No.F.5(10)Fin(G)/75I dated 09.08.2015, Annexure R/1 to the counter affidavit filed by the respondents, that the Group-C & Group-D employees are entitled to the medical reimbursement if any member of the family suffers from cancer and the Government employee has defrayed the expenses of medical treatment. For purpose of better elucidation, the relevant clause being Para 2 A(i) is extracted hereunder:

“A.(i) When a Group-C/Group-D Government employee himself/herself suffering from disease other than cancer is referred to Medical Institution/Hospital to which he/she is referred to the cost of treatment in that Institution/Hospital excluding the cost of journey is admissible for reimbursement. This benefit is not admissible in respect of any member of the family of such a Government employee.”

In the prelude of the said memorandum dated 09.08.2015, it has been provided that the cases are to be referred by the State Medical Board for getting treatment outside the State. Admittedly, whether these categories of the Group-C employees, such as who are appointed in the Tripura State Rifles from outside the State in terms of the Rule 8 (2) of the TSR (Recruitment) Rules, are required to conform to the reference as stated for their family members who are residing outside the State was not stated therein. Raising this issue emphatically, the Asst. Inspector General of Police (Ops) through the Director General of Police made a communication to the Home Department, Government of Tripura by his letter dated 06.06.2012, Annexure-C to