BISHNOI,J. - (1.) The petitioners said to be possessing the requisite qualification and eligibility for the post of Nurse Gr.II, have challenged the notification dated 06.02.2013, whereby a proviso is added to Rule 19 of the Rajasthan Medical & Health Subordinate Service Rules, 1965 (for short 'the Rules of 1965' hererinafter), by which the benefit of bonus marks has been extended to the Nursing Staff working under the Government, National Rural Health Mission and Medicare Relief Society.
(2.) THE claim of the petitioners, in this writ petition, is that they are working as Nursing Staff at Dr Baba Saheb Ambedkar Hospital (Government of NCT of Delhi) and, therefore, they are also entitled for the benefit of bonus marks, which is extended to the Nursing Staff working under the Government of Rajasthan. It is contended that the action of the Government of not extending the benefit of bonus marks to the petitioners similar to the Nursing Staff working with the State of Rajasthan is discriminatory and is liable to be quashed. The petitioners have prayed that the respondents may kindly be directed to extend the benefit of bonus marks to the petitioners, while treating them at par with the employees of the Government of the State of Rajasthan.
(3.) THE State Government has filed reply to the writ petition and claimed that the term 'Government' is defined in Rule 2(e) of the Rules of 1965 and it provides that 'Government and State' means respectively, Government of Rajasthan and the State of Rajasthan and, therefore, the benefit of bonus marks is extended only to the Nursing Staff working with the Government of Rajasthan and not to the persons working as Nursing Staff with other States. The respondents have contended in the reply that the challenge of the petitioners to the proviso to Rule 19 of the Rules of 1965 is misplaced as the petitioners have not challenged the validity of the Rule 2(e) of the Rules of 1965, which provides definition of the Government and, therefore, the writ petition filed by the petitioners is liable to be dismissed.;