JUDGMENT 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. 3. 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 dated 18.02.2008 and u/R.5 options are being invited to be furnished within 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." 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. 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.Writ petitions were filed assailing the order of their respective transfers primarily on the premise that they have been transferred while being members of Rules, 1965 from rural places and are posted to other places which fall either in rural or urban and few of postings are covered either under the Rules, 2008 or the Rules,1965 and they are willing to become members of Rules, 2008 but in absence of their option being invited by the authority provided under Rule 5(a) of the Rules, such transfer made treating them to be member of the Rules,1965 is not legally sustainable. Taking note of the submissions made, exparte stay orders were passed by the Court in all these writ petitions whereby operation of their respective transfer order was stayed and they were allowed to continue at the place of their posting where they were were prior thereto. It has been brought to the notice of this Court that same issue came up for consideration before the main seat at Jodhpur in CWP-10341/2009 (Shivdan Surawat v. State of Rajasthan), decided on 28/07/2010 wherein the Court taking note of the submissions made granted liberty to the writ petitioner to submit their option provided under Rule 5(a) of the Rules but the contention that in absence such option being invited, action of the State authority is bad has been rejected as referred to in para 6 of the judgment. However, alternative submission which was made by the petitioners that since vacancy still exists in the cadre of rural Nurse Grade-II and so also at the place where the petitioner is working he may be given an opportunity to now submit option for becoming member of service covered by the Rules, 2008 in terms of Rule 5(a) liberty was granted to be decided by the State Government obviously on merits and not on technicalities. Taking note thereof, the writ petition was disposed of and it was observed as under:- "Accordingly, this writ petition is disposed of with liberty to the petitioner to give option in terms of clause (a) of Rule 5 of the Rules of 2008 quoted above within two weeks from today and the State Government shall communicate its decision to the petitioner on such option within four weeks thereafter. If the option given by the petitioner is accepted by the State Government then the petitioner may be permitted to become member of the Service in terms of Rule 5(a) of the Rules of 2008. However, if the option cannot be accepted and is liable to be rejected by the competent authority of the State Government, then such authority will pass speaking order in the matter. Till such decision is taken by the competent authority of the State Government on the option of the petitioner, the petitioner may not be relieved from the present place of posting for a period of six weeks from today. No order as to costs." 4. Counsel for petitioners jointly submit that liberty may be granted to the petitioners to now submit their option in terms of clause (a) of R.5 of the Rules,2008 and only after the effective decision being taken by the State Government on their application, liberty may be granted to State Government in passing further orders but at the same time till their application is being decided by the State Government on their option reference of which has been made to supra they may be allowed to continue on the respective place of posting pursuant to interim order of the Court. 5. Counsel for respondents on the other hand jointly submit that when the petitioners failed to submit their option within three months after the Rules,2008 came into force they have forgone their right to become member under the Rules of 2008. However, further submits that if any direction is given by this Court as referred to supra certainly the competent authority will consider their application regarding option under the Rules of 2008. 6. Mr. However, further submits that if any direction is given by this Court as referred to supra certainly the competent authority will consider their application regarding option under the Rules of 2008. 6. Mr. Mathur who is appearing for one of the affected respondent in CWP-10768/2009 further submits that present petitioner has been transferred from one rural place to the other and is covered under the term defined in 2(h) of the Rules, 2008 and in such circumstances even if application submitted by the petitioner is accepted by the authorities still the order impugned in the instant petition is not required to be interfered with. 7. It will be relevant to observe at this stage that this is the contention advanced by one of the affected respondent represented by Mr. Mathur but in absence of specific plea whether the place where the petitioner has been transferred falls within rural in terms of Rule 2(h) of the Rules contended by the State Government, what has been urged by Mr. Mathur cannot be accepted by this Court at this stage. 8. However, taking note of observations made by the Coordinate Bench, referred to supra, this Court considers it appropriate to dispose of all these writ petitions with liberty to the petitioners to submit their option in terms of clause (a) of R.5 of the Rules, 2008 within three weeks from today and the State Government shall consider their application on merits and period of three months which is provided under Rule 5(a) of the Rules,2008 shall not come in the way while their individual application being examined and the authority may take its decision within four weeks thereafter on merits which shall be communicated to the petitioners and during the period of decision being taken by the competent authority of the State Government on the option of the petitioners they may be allowed to continue at their respective place of posting where they are presently working pursuant to interim order of the Court and shall continue for a period of eight weeks from today. After final decision being communicated to the petitioners the authority will be at liberty to pass appropriate orders regarding transfer of the petitioners in accordance with law. No order as to costs.Petitions Allowed. *******