1. The present petition under Article 226 of the Constitution of India seeks the following prayers:-

“a) Issue an appropriate Writ or an order/direction to the Department of Health and Family Welfare to reimburse the Petitioner's claim of Rs. 10,03,636 (Rupees ten lakh three thousand six hundred and thirty six only) at the Dollar rate prevalent in 2011 only; and

b) pass any such other order/s as this Hon’ble Court may deem fit in the facts and circumstances of the case.”

2. The present petition has been filed by the petitioner, a retired Indian Police Service Officer, raising grievance that he has been denied reimbursement of medical expenses in USA under emergency condition. He challenges the stand of the respondent, who has denied his claim on the ground that retired government officials/personnel are not eligible to get treatment abroad either under Central Government Health Scheme (CGHS)1 or under Central Services (Medical Attendance) Rules, 19442.

3. The case of the petitioner is as under: -

3.1. The Petitioner, an IPS Officer, superannuated on 31.01.1994 as Director General, BSF. H