JUDGMENT AND ORDER : Heard Mr. Arijit Bhowmik, learned counsel appearing for the petitioner as well as Mr. T.D. Majumder, learned G.A. appearing for the respondents. 2. The case of the petitioner in short is that for admission of the petitioner’s son when he was in the Indian Institute of Technology (IIT), Kharagpur he felt severe chest pain. He was immediately taken to Kolkata for treatment. Initially, he attended the Medica Superspecialty Hospital. On 12.05.2016, he had been taken to Rabindranath Tagore International Institute of Cardiac Sciences, Kolkata, which is a referral hospital for the State of Tripura. The petitioner was admitted there from 12.05.2016 to 23.05.2016 for purpose of treatment. During his treatment, he had to undergo Elective Coronary Artery Bypass Grafting on 16.05.2016. On returning to the state, as he is working as the post graduate teacher and Coronary Artery Bypass Grafting was carried out in an emergent circumstance for saving his life, he submitted the bill for medical reimbursement. 3. It is not disputed by Mr. T.D. Majumder, learned G.A. appearing for the respondents that in any of the government hospitals, the facility of Elective Coronary Artery Bypass Grafting is not available as yet. If the government employees or other persons requires similar medical intervention such cases are ordinarily referred to the referral hospitals and the cost of the treatment according to the government policy becomes reimbursable. The petitioner is otherwise not entitled to get the reimbursement as he is not entitled to get the benefit under Civil Services (Medical Attendance) Rules, 1965. 4. Mr. Arijit Bhowmik, learned counsel appearing for the petitioner has submitted that the petitioner had raised a bill of Rs.1,80,291/-, duly certified, to the Director of School Education. But the respondents regretted the payment by the communication dated 03.08.2016 [Annexure-P/5 to the writ petition] which is, as a whole, is reproduced hereunder for purpose of reference : “No. F.7(2-36)/SE/ACCT/2014 Government of Tripura Directorate of School Education, (Accounts Section) Dated, Agartala, the 03.08.2016 To The District Education Officer, West District Zonal Office, Agartala, West Tripura Subject : Objection of Medical reimbursement bill Ref : Your letter No. F.54(2)-EDN(W)/2016-17/2229 dated 23.07.2016 Madam, In enclosing herewith the medical reimbursement bill of Sri Sunil ch. Debnath, PGT, Barjala H.S. School, West Tripura, I am to inform you that the medical reimbursement bill as submitted by Sri Debnath may not be considered as he was on regular leave outside the normal duty station and for want of referred certificate. Yours faithfully, Sd/-illegible dt. 03.08.2016 For Director of School Education, Tripura Enclo- As stated. The original bill and vouchers” 5. Mr. T.D. Majumder, learned G.A. appearing for the respondents has fairly submitted that since the petitioner had fallen ill outside the state, the formal referral by the Standing Medical Board was not practicable and thus, the competent authority should have taken a different view having regard to Surjit Singh vs State Of Punjab And Others reported in (1996) 2 SCC 336 where the apex court had occasion to observe that not the procedural formalities but the exigency of life is of the paramount importance and in such circumstances, the observance of the rules shall not be insisted rather the payment shall be made in accordance with the rate of the referral hospitals. 6. Having situated thus, the respondents are directed to reconsider the medical reimbursement bill of the petitioner afresh. Further, the decision, as reflected in the communication dated 03.08.2016 is interfered with and set aside. The petitioner shall file the medical reimbursement bill again through the proper channel and the respondents having received the medical reimbursement bill from the petitioner shall examine the same and determine the actual entitlement for purpose of payment within 3(three) months from the date of the receipt of the bill. It is made clear that since the hospital or the medical institute where the petitioner was treated is a referral hospital or institute, the petitioner will be entitled to the expenses incurred in the said hospital or institute. 7. In the result, this writ petition is allowed to the extent as indicated above. There shall be no order as to costs. A copy of this order be furnished to Mr. T.D. Majumder, learned G.A. appearing for the respondents for doing the needful.