WP(C) 4585/2010 BEFORE HON’BLE MR JUSTICE I A ANSARI Heard Mr. A. S. Bhattacharjee, learned Senior counsel, appearing on behalf of th e petitioner, and Ms. B. L. Sinha, learned Government Advocate, appearing on beh alf of the State respondent No. 1. Heard also Mr. B. Gogoi, learned counsel, ap pearing on behalf of respondent Nos. 2, 4 and 6. The petitioner, who had been diagnosed, in the year 2001, to be a person suffering from prostrate cancer, was referred by the Referral Board, Guwahati M edical College Hospital, to TATA Memorial Hospital, Mumbai, for treatment. The p etitioner went to Mumbai, by air, along with his son, as attendant, and after re turning to Assam, he raised claim for reimbursement of the expenses incurred for the journey by air, which the petitioner and his son had undertaken. The respo ndents, however, declined to pay the claim of the petitioner. The petitioner ha s also claimed, in the writ petition, that he is due to visit the said hospital, at Mumbai, on 17.08.2010. It is not clear from the writ petition as to whether the petitioner has or has not undertaken the journey, as have been stated in th e writ petition, on or around 17.08.2010. Be that as it may, as far as the petitioner is concerned, he was covered , at the relevant point of time, i.e., in 2004 to 2005, by Office Memorandum No. FM.61/90/50, dated 18.03.1991, of the Finance (Audit & Fund) Department, Govern ment of Assam, issued with regard to settlement of the claim for reimbursement o f the expenses incurred, in a journey, undertaken by Government employee, for tr eatment. What may, now, be noted is that the Assam Medical Attendants Rule, 2008 (in shor t, ’the Rules’), has come into force, which provides that if a patient is referr ed by a Referral Board to any hospital outside the State, he may undertake journ ey by air and claim for reimbursement of the expenses incurred in connection the rewith. It is, therefore, clear that until the time the Office Memorandum, dated 18.03.1 991, remained in force, the petitioner was not entitled to claim for reimburseme nt of his expenses incurred in connection with his travel, by air, to TATA Memor ial Hospital, Mumbai, pursuant to the reference made by the Referral Board; but, after coming into force of the said Rules, the petitioner has become entitled t o claim reimbursement of the travelling expenses, if undertaken by air, for the purpose of his treatment. In view of what have been indicated above, this writ petition is dispose d of with direction to the respondents that if, upon being referred, the petitio ner undertakes journey to Mumbai, by air, for the purpose of his treatment, the petitioner may apply for reimbursement of his expenses incurred in connection wi th the journey undertaken and, if he makes such an application, the petitioner’s case shall be considered in terms of the said Rules and the payment shall be ma de expeditiously without making the petitioner suffer by the delay in disburseme nt of the amount, which he may be entitled to obtain by way of reimbursement.