WP(C) 3515/2002 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. M. Dutta, learned counsel for the petitioners who have been substitute d as legal heirs of Late Binod Chandra Dutta, the original writ petitioner. Also heard Mr. D.K. Saikia, learned Standing Counsel for the Health Department. 2. This Writ Petition is filed for consideration of post facto approval for treatment of the deceased (cancer patient) at the Tata Memorial Hospital, Mumba i and consideration of reimbursement of medical expenses to the tune of Rs.1.3 l acs incurred for receiving treatment at Mumbai. 3. The deceased who retired on 28.2.87 from the post of Sub-Inspector of Po lice was diagnosed with cancer in June, 2001 by the Doctor in the Assam Medical College, Dibrugarh . Thereafter on medical advice of Dr. U.K. Bordoloi of Dibrug arh, the petitioner consulted the Doctors at B. Baruah Cancer Institute, Guwahat i on 18.6.01. As the disease was found to be life threatening requiring emergen t surgery, on advice of the Doctors, the patient was taken to the Tata Memorial Hospital, Mumbai where surgery was carried out and a discharge certificate (Anne xure-4) of the Tata Memorial Hospital is enclosed to the writ petition. 4. But when the reimbursement of the expenditure incurred was thereafter cl aimed by the patient during his life time and was not considered, this Writ Peti tion has been filed but during the pendency of the Writ Petition, the patient ex pired on 10.6.04, necessitating substitution of his legal heirs. 5. It appears from the Assam Medical Attendance Rules, 1976 that Tata Memor ial Hospital is one of the approved hospitals for cancer treatment. Rule-11 pres cribes that appropriate approval should be obtained beforehand for availing trea tment in an approved Institute outside the State and the cost incurred for treat ment is reimbursable by the Govt. It is also reflected in Rule-11 of the Rules that the requirement of obtaining approval before hand can be waived, if delay i s securing approval entails danger to the patient. 6. It is submitted by Mr. Dutta that the condition of the patient was serio us enough requiring immediate surgical intervention in the outside Institution a nd it was not possible to obtain beforehand the approval of the Director of Hea lth Services, as the same would have endangered the life of the patient. 7. Mr. D.K. Saikia, learned standing counsel for the Health Department subm its that the Rules prescribe for consideration of post facto approval in deservi ng cases for grant of reimbursement of the medical expenses. 8. Considering the circumstances under which the patient was taken to the T ata Cancer Hospital, Mumbai, I am of the opinion that the respondents must consi der the prayer for grant of post facto approval to the patient for receiving tre atment in the outside Institution. such consideration be made to enable the fami ly of the deceased to receive the benefit of reimbursement of medical cost in te rms of the Rules applicable. 9. To facilitate consideration of the prayer, the petitioners are permitted to file a representation before the Director of Health Services, Assam along wi th a copy of this court’s order, to enable the said Authority to consider grant of approval and sanction. This be considered within a period of 4 weeks from tod ay. Depending upon the decision, further steps for reimbursement be expeditiousl y taken without undue delay and preferably within 4 months thereafter by the con cerned Department. 10. The Writ Petition is disposed of in the above terms.