Ajay Rastogi, J. - (1.) INSTANT bunch of petitions since involves common question as such being disposed of by the present order.
(2.) IT is not in dispute that all these writ Petitioners are holding the post of Male Nurse Grade -II in substantive capacity and are members of Rajasthan Medical & Health Subordinate Service Rules, 1965. The State Government in exercise of power conferred by proviso to Article 309 of the Constitution made rules regulating the recruitment to posts and conditions of service of persons appointed to the Rajasthan Rural Medical & Health Subordinate Service Rules,2008 vide notification dt.18.02.2008 and u/R.5 options are being invited to be furnished with in three month after commencement of these Rules by persons who are regularly recruited to the post specified in schedule appended to Rajasthan Medical & Health Subordinate Service Rules,1965 and at the same time, the applicability of the Rules,2008 will be regarding the posts which falls within rural defined u/R.2(h) and Rule 5 regarding initial constitution of service reads ad infra: 2(h) "Rural" means Community Health Centre, Primary Health Centre and Sub Centre which is located in the area other than district head quarter. 5. Initial Constitution of Service. The service shall consist of - (a) persons who were regularly recruited to the post specified in Schedule under the Rajasthan Medical and Health Subordinate Service Rules,1965, and opt for this service within three months of commencement of these rules and whose option is accepted by the Government; (b) persons recruited to the service in accordance with the provisions of these rules.
(3.) FROM the provision (supra), it clearly envisages that rural means Community Health Centre, Primary Health Centre and Sub Centre which is located in the area other than district headquarter and as provided u/R.5(a) of the Rules option of initial constitution of service was to be submitted by such regularly recruited persons to the post specified in schedule under Rajasthan Medical & Health Subordinate Service Rules,1965 within a period of three months of commencement of the Rules,2008. However, if option is accepted by the Government such person becomes member of initial constitution of service of the Rules,2008. It is not the case of the Petitioners that either of them submitted their option as provided u/R.5(a) of the Rules within three months after the Rules,2008 came into force.;