JUDGMENT 1. - The Petitioners, herein, are Primary Teachers in Gr. III working in Government Primary Schools under various Panchayat Samitis in Rajasthan. They were appointed after due selection by the respective District Establishment Committees. They are seeking relaxation in upper age limit to get appointment as Lecturers in School Education pursuant to Advertisement No. 6/95-96 issued by the Rajasthan Public Service Commission, (for short R.P.S.C.) Ajmer. 2. Through above Advertisement, applications were invited to fill-up vacancies in posts of School Lecturer by direct recruitment in various subjects as detailed out in the Advertisement. With regard to the age of a candidate it was stated in the Advertisement that he must have attained the age of 24 years and must not have attained the age of 33 years, on 1.7.1996, but relaxation in upper age limit was permissible as under:- (i) 5 years in the case of women candidates, candidates belonging to Scheduled Castes or Scheduled Tribes and Government servants of Rajasthan; (ii) The upper age limit shall not apply in case of an ex- prisoner who had served under the Government on a substantive basis on any post before his conviction and was eligible for appointment under the Rules; (iii) A period equal to the term of imprisonment served in the case of an ex-prisoner who was not overage before his conviction and was eligible for appointment under the rules; (iv) A period equal to the service rendered in the National Cadet Corps in the case of the Cadet Instructors if the resultant age does not exceed the maximum age limit prescribed above; (v) The persons appointed temporarily to a post in the service shall be deemed to be within the age limit if they were within the age limit when they were initially appointed even though they have crossed the age limit when they appear finally before the Commission and shall be allowed upto two chances had they been eligible as such at the time of their initial appointment; (vi) In the case of persons serving in connection with the affairs of the State in substantive capacity, the upper age limit shall be 40 years. (vii) The released Emergency Commissioned Officers and Short Service Commissioned Officers after release from the Army shall be deemed to be within the age limit even though they have crossed the age limit when they appear before the Commission had they been eligible as such at the time of their joining the Commission in the Army; (viii) In case of Widows and divorced women there shall be no upper age limit. The above relaxation in age limit is in consonance with the Rajasthan Educational Service Rules, 1970 (hereinafter to be referred to as the Rules of 1970). 3. There is no dispute that all the petitioners are having requisite academic qualifications in the subjects applied by them. They were called to appear for Screening Test conducted by the R.P.S.C. and were declared successful. However, they were not called for interviews on the ground of being overage and were intimated accordingly by the R.P.S.C. The grievance of the petitioners is that they were entitled to get relaxation in upper age limit as per Clauses (i) and (vi) mentioned above. 4. The contention of the learned counsel appearing for the petitioners, is that the petitioners are duly selected teachers, working in various Government Primary Schools under the control of Panchayat Samitis and it is a civil service of the State like other State Services and, as such, they are State Government employees like other teachers working in Education Department. It is also contended that they are serving in connection with the affairs of the State in substantive capacity and are entitled to have age relaxation upto 40 years. Learned counsel strongly contended that as a policy decision of the State Government, primary education in rural areas has been entrusted to the Department of Rural Development and Panchayat Raj and teachers are appointed under the Rajasthan Panchayat Samittis and Zila Parishads Service Rules of 1959 (hereinafter to be referred to as Service Rules of 1959), while primary education in urban areas has been kept with the Department of Education of the State Government. This bifurcation is for the sake of administrative convenience and the eligibility of candidates for the appointment of teachers both for rural and urban areas is similar. This bifurcation is for the sake of administrative convenience and the eligibility of candidates for the appointment of teachers both for rural and urban areas is similar. Learned counsel, then, contended that a separate 'Panchayat Service' has been created in the Act as the Legislature felt that it would be desirable to have a separate civil service of persons employed in discharge of functions and duties of the panchayats with uniform scales of pay and uniform conditions of service. That, in fact, all employees of Panchayat Raj Institutions are employees of the State Government and State Government is their master for all purposes. Lastly, it was pointed out that teachers in Education Department are also appointed by transferring teachers from Panchayat Samitis of the district concerned and it would be arbitrary and unreasonable if benefit of relaxation in upper age limit is given to such transferred teachers only. 5. On the other hand, Shri S.N. Kumawat, appearing for the respondents, stoutly contended that a Panchayat, or a Panchayat Samiti is a body corporate having different service for their employees which is designated as the 'Rajasthan Panchayat Samiti and Zila Parishad Service'. Learned counsel, therefore, submitted that the petitioners are employees of Panchayat Raj Institutions and they cannot be stated to be in civil service of the State or in civil posts under the State. He strongly refuted that relationship of master and servant exist between the State Government and the petitioners or they are in service in connection with the affairs of the State. According to the learned counsel, the petitioners are in service of the Panchayat Samitis in connection with the affairs of the Panchayats and Panchayat Samitis. 6. I have given my deep consideration to the respective submissions made by the learned counsel for the parties. The question that calls for consideration in these petitions is : whether the petitioners are State Government employees and serving in connection with the affairs of the State ? Before adverting to the question in issue, I would like to say a few words about establishment of Panchayat Raj Institutions in Rajasthan and their functions and duties to determine the nature of service of their employees. 7. The Institution of a village Panchayat is not a new one for us, as it is an ancient Institution having its deep roots in Indian culture from time immemorial. 7. The Institution of a village Panchayat is not a new one for us, as it is an ancient Institution having its deep roots in Indian culture from time immemorial. Mahatma Gandhi always stressed for revival of Panchayat Raj System at gross-root level for democratic de-centralization of power and to enable them to function as units of self-government. The framers of our Constitution were aware that India's large population reside in villages and for the prosperity and development of the country, proper development and progress in the villages is imperative. Article 40 has been included in the Constitution which contains a mandate requiring the State to take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self Government. Pursuant to the above mandate, the Rajasthan Panchayat Act, (Act No. XXI of 1953) came to be enacted to establish and develop Local Self-Government in rural areas of the State of Rajasthan and to make better provision for village administration and development. Thereafter, on basis of the report and recommendations made by the Committee headed by Shri Balwant Rai Mehta, a three-tier system of de-centralization for rural areas was introduced in Rajasthan by enacting the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (to be referred to hereinafter as the Act of 1959). Accordingly, a Panchayat Samiti came to be established under the Act of 1959 for rural administration at Block level, and for the close association with village Panchayats and Zila Parishad as a supervisory body in a District for a plan development. Then, the Rajasthan Panchayat Raj Act, 1994 (Act No. 13 of 1994) has been enacted with a view to strengthen and to give more administrative powers to Panchayat Raj Institutions. The relevant provisions of the Acts and Rules framed thereunder shall be examined later on to determine whether or not the petitioners are employees of the State Government or they are serving in connection with the affairs of the State or not ? 8. A member (person) in the civil service of the State or in the civil post under the State means a Government servant of the State, and this position stands settled by the decision of the Constitution Bench of the Supreme Court in State of Assam v. Shri Kanak Chandra Dutta, 1967 SCR 679 . 8. A member (person) in the civil service of the State or in the civil post under the State means a Government servant of the State, and this position stands settled by the decision of the Constitution Bench of the Supreme Court in State of Assam v. Shri Kanak Chandra Dutta, 1967 SCR 679 . In this judgment their Lordship have laid down as under:- "In Article 311, a member of a civil service of the Union or an All India Service or a civil service of a state is mentioned separately, and a civil post means a post not connected with defence outside the regular civil services. A post is a service or employment. A person holding a post under a state is a person serving or employed under the State. See the marginal notes to Articles 309, 310 and 311. The heading and the sub-heading of Part XIV and Chapter I emphasises the element of service. There is a relationship of master and servant between the State and a person holding a post under it. The existence of this relationship is indicated by the State's right to select and appoint the holder of the post, its right to suspend and dismiss him, its right to control the manner and method of his doing the work and the payment by it of his wages or remuneration. A relationship of master and servant may be established by the presence of all or some of these indicia. In conjunction with other circumstances and it is a question of fact in each case whether there is such a relation between the State and the alleged holder of a post. In the context of Articles 309, 310 and 311, a post denotes an office. A person who holds a civil post under a State holds 'office' during the pleasure of the Governor of the State, except as expressly provided by the Constitution. See, Article 310. A post under the State is an office or a position to which duties in connection with the affairs of the State are attached, an office or a position to which a person is appointed and which may exist apart from and independently of the holder of the post. See, Article 310. A post under the State is an office or a position to which duties in connection with the affairs of the State are attached, an office or a position to which a person is appointed and which may exist apart from and independently of the holder of the post. Article 310(2) contemplates that a post may be abolished and a person holding a post may be required to vacate the post, and it emphasises the idea of a post existing apart from the holder of the post. A post may be created before the appointment or simultaneously with it. A post is an employment, but every employment is not a post. A casual labourer is not the holder of a post. A post under the State means a post under the administrative control of the State. The State may create or abolish the post and may regulate the conditions of service of persons appointed to the post." (emphasis supplied) 9. Before another Constitution Bench of the Supreme Court in State of Gujarat and another v. Ramanlal Keshavlal Soni and others, 1983(2) SCC 33 , a similar question for consideration was whether members of Gujarat Panchayats were Government servants or not. For the relevant criteria or factors which should form the basis for deciding the question, it was observed as under : "We do not propose and indeed it is neither politic nor possible to lay down any definite test to determine when a person may be said to hold a civil post under the Government. Several factors may indicate the relationship of master and servant. None may be conclusive. On the other hand, no single factor may be considered absolutely essential. The presence of all or some of the factors, such as, the right to select for appointment, the right to appointment, the right to terminate the employment, the right to take other disciplinary action, the right to prescribe the conditions of service, the nature of the duties performed by the employee, the right to control the employees' manner and method of the work, the right to issue directions and the right to determine and the source from which wages or salary are paid and a host of such circumstances, may have to be considered to determine the existence of the relationship of master and servant. In each case, it is a question of fact whether a person is a servant of the State or not." 10. Way back in 1967, the Gujarat High Court in G.L. Shukla v. State of Gujarat, 1967 Guj. 560 : 8 GLR 833, took the view that the 'Panchayat Service' constituted under Section 203 of the Gujarat Panchayats Act is a civil service of the State and that the members of the service are Government servants. It was held as under:- "The Panchayat service contemplated under the Act is as much a civil service of the State as the State service. The legislature by enacting the Act provided for the establishment of the Panchayat Organisation of the State and for the efficient administration of the Panchayat Organisation, particularly in view of the fact that a large part of the service personnel would be drawn from different sources and would, therefore, be heterogeneous in composition with widely differing scales of pay and conditions of service, the Legislature felt that it would be desirable to have a separate civil service of persons employed in the discharge of functions and duties of the panchayats with uniform scales of pay and uniform conditions of service and, therefore, with that end in view, the Legislature provided for constitution of the panchayat service. All the provisions of the Act relating to the panchayat service point unmistakable and inevitable to one and only one conclusion, namely, that the panchayat service is one single service with the State as the master. The panchayat service is to be constituted by the State Government and its strength is also to be determined by the State Government. All the provisions of the Act relating to the panchayat service point unmistakable and inevitable to one and only one conclusion, namely, that the panchayat service is one single service with the State as the master. The panchayat service is to be constituted by the State Government and its strength is also to be determined by the State Government. Section 203, sub-section (2) says that the panchayat service shall consist of such classes, cadres and posts and the initial strength of officers and servants in each such class and cadre shall be such as the State Government may by order from time to time determine.........." The provision of different cadres in the panchayat service and the transferability of persons employed in the panchayat service from a post in the district cadre to a post in any taluka in the district and from a post in the taluka cadre to a post in any taluka in the gram or nagar in the same taluka emphasise that the panchayat service is one single service with one master, namely, the State and each panchayat is not the master of the servant employed in the discharge of its functions and duties. It is difficult to imagine that the Legislature should have provided for transfer of servants from one master to another..........."It was concluded thus:- "The conclusion which emerges from this discussion is that the panchayat service is a distinct and separate service set up for serving the Panchayat Organisation of the State and it is as much as civil service of the State as the State service. The State can have many services such as State service, police service, engineering service etc. and panchayat service is one of them. In the panchayat service, as in the State service, the State is the master and every officer or servant employed in the panchayat service is the servant of the State and not of the panchayat under which he may be serving for the time being. The panchayat service is one single service with the State as the master. " (emphasis supplied)above view has been affirmed by the Supreme Court in State of Gujarat and others v. Raman Lal Kesavlal Soni (supra). 11. In State of Gujarat v. Raman Lal Keshav Lal Soni (supra) a similar question was considered as to whether the members of the Gujarat Panchayat Service are Government servants or not. " (emphasis supplied)above view has been affirmed by the Supreme Court in State of Gujarat and others v. Raman Lal Kesavlal Soni (supra). 11. In State of Gujarat v. Raman Lal Keshav Lal Soni (supra) a similar question was considered as to whether the members of the Gujarat Panchayat Service are Government servants or not. After examining the provisions of the Gujarat Panchayats Act and the Rules framed thereunder, the Apex Court held that the functions and duties which the Panchayats are required to perform are in connection with the affairs of the State and it was held as under:- "that it can possibly mean is that the panchayat service is not a service which can be identified with other State services for the reason that while the panchayat service too discharges the duties connected with the affairs of the State, it does not directly under the State but under the various Panchayat Institutions to whom are delegated or transferred certain functions of the State Government. Panchayat service is distinct from a State service because the Panchayat Institutions whom it serves together constitute an almost parallel but subsidiary government. It is only in that sense panchayat service is distinct from a State service and not in the sense that members of the service are not servants of the State." 12. In R.N.A. Britto v. The Chief Executive Officer, JT 1995(4) SC 582 : 1995(4) SCC 8 : 1995(3) SCT 661 (SC) , the question for consideration was : whether a Secretary of a Panchayat was a State Government servant or not ? Their Lordships examined the issue afresh in the light of the provisions of the Act and the powers and functions of the Panchayats. The decision in the case of Raman Lal Keshav Lal Soni was also taken into consideration and it was held that Secretaries of the Panchayats are servants of the State Government. It was observed:- "The provisions in the Act to which we have adverted, clearly show that several functions which are required to be performed by the State are entrusted to the Panchayats. They also show that the properties vested in the panchayats and the funds of the panchayat are that of the Government and those collected by way of tax or fee by exercising the power of taxation vested in the Panchayat by the Government. They also show that the properties vested in the panchayats and the funds of the panchayat are that of the Government and those collected by way of tax or fee by exercising the power of taxation vested in the Panchayat by the Government. Above all, provisions of the Act make it abundantly clear that the panchayats have to function under the ultimate control of the State Government. When it comes to the Secretaries of the panchayats appointed under the Act, their selection for appointment, their termination from service, their liability for transfer and all other conditions of their services are as provided for under the Rules made under the Act or other rules made under Article 309 of the Constitution, in respect of services of the State Government servants. When sub-section (2) of Section 80 of the Act to which we have adverted states that subject to the provisions of Rules made under the proviso of Article 309 of the Constitution, the qualifications, the powers, duties, remuneration and conditions of service including disciplinary matters of such secretary shall be such as may be prescribed, it leaves no room for doubt that the secretaries of the Panchayats are Government servants, like the Government servants, who are subjected to the Rules to be made under the proviso to Article 309 of the Constitution as regards their service conditions." 13. In Mathuradas Mohan Lal Kedia v. S.D. Munshaw, AIR 1981 SC 53 . One of the questions for determination was whether the Panchayat Service is a civil service of the State ? The question was answered in affirmative laying down thus:- "Merely because the panchayats are declared to be body corporate, it cannot be said that any of the persons working under them cannot be considered as members of a civil service under a State. The panchayats constituted under the Panchayat Act derive their authority from the statute and are under the control of the State Government. They form part of the Local Self-Government organisation which the State Government is under an obligation to foster under Article 40 of the Constitution. Entry 5 of List II of the Seventh Schedule to the Constitution specifically refers to local authorities established for the purpose of Local Self Government or village administration as part of Local Government. The local authorities are included in the definition of the expression 'State' in Article 12 of the Constitution. Entry 5 of List II of the Seventh Schedule to the Constitution specifically refers to local authorities established for the purpose of Local Self Government or village administration as part of Local Government. The local authorities are included in the definition of the expression 'State' in Article 12 of the Constitution. The panchayats exercise many governmental functions which the State Government can perform. They are entrusted with the power to levy taxes and to exercise large number of powers which are loosely called as 'police powers' regulating several aspects of human life. Articles 276 and 277 of the Constitution also take note of the powers of local authorities to levy certain taxes. In addition to the express powers granted to the panchayats, the State Government is also authorised under the Panchayats Act to delegate many of its functions to them and to transfer many of its officers and servants to function under their supervision and control as members of the Panchayat Service. It is manifest from the foregoing that it cannot be said that persons working as members of the Panchayat Service are not persons engaged in governmental functions and, therefore, it is and possible to treat them as members of the State Civil Service." (emphasis supplied) 14. In Mehtab Ali Khan v. B.D.O. Panchayat Samiti, Chaksu, 1981 WLN 525 : 1981(2) SLR 539 (Raj.) a learned Single Judge of this Court, after considering the various provisions of the Act and Rules held that an employee of the 'Panchayat Service' is a member of civil service of the State.In Ramesh Kumar v. State of Rajasthan, ILR 1967 GUI 560, the question involved was whether a ward of the teacher in Panchayat Samiti was entitled to get bonus marks as per the Government Order like teachers in Education Department. It was held that a teacher in the Education Department and a teacher in a Panchayat Samiti cannot be differently treated; both of them are employees of the State and denial of bonus marks to the ward of the teachers in panchayat samiti would be unconstitutional. 15. It was held that a teacher in the Education Department and a teacher in a Panchayat Samiti cannot be differently treated; both of them are employees of the State and denial of bonus marks to the ward of the teachers in panchayat samiti would be unconstitutional. 15. The facts narrated above and the views expressed by this Court and the Apex Court of the country in various decisions referred to above leave no room for doubt that the employees of Panchayat Raj Institutions, including teachers working under the Panchayat Samitis, are members of civil service of the State and they discharge the duties and functions connected with the affairs of the State. Still to make it more explicit, relevant provisions of the Acts and Rules may be conveniently referred to at this stage. 16. Prior to the Act of 1994, Rajasthan Panchayat Act, 1953 was in force. The three-tier system was introduced by enacting Panchayat Samitis and Zila Parishads Act, 1959 as units of governance for rural development. A single centralised Panchayat Service was also constituted to provide uniform scales of pay and uniform conditions of service to the employees of Panchayat Raj Institutions. A perusal of the subjects entrusted to Panchayat Raj Institutions shows that they do not merely relate to routine administrative matters but include a great variety of subjects intimately connected with all aspects of community life, rural development and governmental functions. The first Schedule, appended to the Act of 1994, specifies functions and powers of Panchayats. A perusal of the subjects entrusted to Panchayat Raj Institutions shows that they do not merely relate to routine administrative matters but include a great variety of subjects intimately connected with all aspects of community life, rural development and governmental functions. The first Schedule, appended to the Act of 1994, specifies functions and powers of Panchayats. Besides general functions which include preparation of annual plans for the development of the Panchayat area, preparation of annual budget, mobilising reliefs in natural calamities, removal of encroachment on public properties, organising voluntary labour and contribution for community works and maintenance of essential statistics of village(s), a number of other functions and powers are specified under various heads such as 'In The Sphere of Administration' 'Agriculture including Agriculture Extension' 'Animal Husbandry, Dairying and Poultry' 'Fisheries' 'Social and Farm Forestry, Minor Forest Produce, Fuel and Fodder' 'Minor Irrigation' 'Khadi, Village and Cottage Industries' 'Rural Housing' 'Drinking Water' Roads, Buildings, Culverts, Bridges, Ferries, Waterways and other Means of Communication' 'Rural Electrification Including Providing for and Maintenance of Lighting of Public Streets and other place' 'Non-Conventional Energy Source' 'Poverty Alleviation Programme' 'Education (Primary)' 'Adult and Non-Formal Education' 'Libraries' 'Cultural Activities' 'Markets and Fairs' 'Rural Sanitation' 'Public Health and Family Welfare' 'Women and Child Development' 'Social Welfare including Welfare of the Handicapped and Mentally Retarded' 'Welfare of the Weaker Sections and in particular the Scheduled Castes and Scheduled Tribes' 'Public Distribution System' 'Maintenance of Community Assets' 'Construction and Maintenance of Dharamshalas and similar Institutions' 'Construction and Maintenance of Cattle Sheds, Ponds, and Cart Stands' 'Construction and Maintenance of Slaughter Houses' 'Maintenance of Public Parks, Playgrounds etc.' 'Regulation of Manure Pits in Public places' Regulation of Liquor Shops' etc.Similarly, the functions and power of Panchayat Samitis and Zila Parishads are specified in the second Schedule and Third Schedule respectively which contain a variety of subjects, in addition to general functions, there are other duties relating to agriculture, land improvement and soil conservation, poverty alleviation programmes and animal husbandry, dairying, poultry, fisheries, Khadi village and cottage Industries, rural housing and drinking water, social and farm forestry, fuel and fodder, roads, buildings etc. and other means of communication, education (Primary) Schools, non-conventional energy sources, technical training and vocational education, adult and non- formal education, cultural activities, health and family welfare, women and child development, social welfare including welfare of the handicapped and mentally retarded, welfare of the weaker sections and in particular Scheduled Castes, Scheduled Tribes and backward classes, maintenance of community assets, statistics, libraries etc.Thus, the Panchayat Institutions have been entrusted with large number of powers and functions relating to rural development and community life. They include several governmental functions and powers also. 17. Then, Section 62 empowers Panchayats to impose penalties for disobeying any general or special order passed by them. Section 65 empowers a Panchayat to impose taxes on the subjects enumerated in the Section, which is essentially a function of the State. Section 66 further empowers at Panchayat to impose a special tax on the adult male member of the Panchayat area for construction of any public work of general utility for the inhabitants of the said area. The powers to charge fee by Panchayats are provided by Section 67. Similar powers to impose taxes and fee have been given to Panchayat Samitis and Zila Parishads by virtue of Sections 67 and 68. The power to acquire, hold and dispose of properties are also given in Panchayat Institutions. Funds of every Panchayat Institution is created mainly by collection of tax and fees, contributions, grants, loans etc. by the Central or the State Government as provided under Section 64 of the Act. All properties vesting in Panchayat Institution and their funds are that of the Government. 18. The various provisions of the Act, particularly the provisions contained in Chapter-IV make it abundantly clear that Panchayat Institutions have to function under the ultimate control of the State Government. Section 92 expressly states that the State Government shall be the chief superintending and controlling authority in respect of all matters relating to Panchayat Raj Institutions and may by any order in writing cancel any resolution or order passed by a Panchayat Institution or any Standing Committee thereof. Section 93 then empowers the State Government to order any Panchayat Institution for performing its duty if the State Government is satisfied that the Institution has been guilty in not making performance of any duty imposed upon it, by or under the Act. Section 93 then empowers the State Government to order any Panchayat Institution for performing its duty if the State Government is satisfied that the Institution has been guilty in not making performance of any duty imposed upon it, by or under the Act. State Government has also power to dissolve a Panchayat Institution as provided under Section 94. Similarly, the power of revision and review of any proceeding of a Panchayat Institution lies with the Government, under Section 97. In short, the State Government is the chief controlling authority in respect of all matters which are performed by any Panchayat Raj Institution. 19. We may now refer at this stage to the provisions relating to panchayat service. Section 78 provides that there shall be for every Panchayat a Secretary or a Group Panchayat Secretary and other staff as may be necessary for carrying out duties imposed on it by or under Act on such conditions of service as may be prescribed by the State Government. Section 79 provides that the State Government shall appoint for each Panchayat Samiti a Vikas Adhikari and such other Extension Officers as well as Accountants and Junior Accountants as it may consider necessary and they shall be either persons encadred in State Service or persons holding the posts under the State. They are liable to be transferred by the State Government. Then Section 80 provides that the State Government shall fix the strength of other staff of a Panchayat Samiti and shall prescribe the scales of pay and allowance and other conditions of their service. By virtue of Section 82, the Chief Executive Officer and other officers of the Zila Parishads are to be appointed by the State Government. The Government shall also appoint a Chief Accounts Officer and a Chief Planning Officer for each Zila Parishad. It also provides that the Government shall post from time to time in every Zila Parishad such number of its officers as the Government considers necessary. The power to transfer all the officers from one district to another also vests in the State Government Section 89, then, regulates and provides that there shall be constituted for the State a service designated as the Rajasthan Panchayat Samiti and Zila Parishad Service. The Service consists amongst others, primary school teachers, with which we are concerned in this writ petition. The Service consists amongst others, primary school teachers, with which we are concerned in this writ petition. As per sub-section (4) it is the State Government to prescribe the duties, functions and powers of each grade and each category of the officers and employees encadred in the Service. The appointment to posts in Service are to be made (i) by direct recruitment (ii) by promotion and (iii) by transfer. Sub-sections 9, 10 and 11 are relevant which are as under:- "(9) Persons holding posts encadred in the service shall also be eligible for appointment or promotion to posts in a State Service or under the State Government in accordance with the rules made in that behalf by the State Government and subject to terms and conditions laid down in such rules, and the persons so appointed or promoted shall count the period of their holding posts in the service constituted under this section for the purposes of seniority and pension. (10) Persons holding appointment in a State Service shall also be eligible for appointment by transfer to a post encadred in the service constituted under this section in accordance with rules made in this behalf by the State Government and on terms and conditions laid down in these rules. (11) Every persons holding a post encadred in the service constituted under this section shall be entitled to the payment of pension by the State Government out of the consolidated fund of the State in accordance with rules made by it in that behalf." The very idea of persons holding posts encadred in the Panchayat service to be eligible for appointment and promotion in the posts of State service or under the State Government and their inter se transfer is only consistent with that Panchayat Service is a service under the State. Further, under sub-section (11) every persons holding post encadred in Panchayat service is entitled to the payment of pension by the State Government out of the consolidated fund of the State in accordance with the rules made in that behalf. 20. The various provisions of the Act and Rules relating to the Panchayat Service and the nature of functions, duties and powers of Panchayat Institutions referred to above, lead to irresistible conclusion and the only one conclusion that the Panchayat Service is as much a civil service of the state like other State Services-Police Service. Engineering Service etc. 20. The various provisions of the Act and Rules relating to the Panchayat Service and the nature of functions, duties and powers of Panchayat Institutions referred to above, lead to irresistible conclusion and the only one conclusion that the Panchayat Service is as much a civil service of the state like other State Services-Police Service. Engineering Service etc. and the State is the ultimate master and persons employed in Panchayat service are servants of the State. Panchayat Institutions exercise functions of the State Government delegated or transferred to them as units of subsidiary governance. The views expressed by the Supreme Court in Raman Keshav Lal Soni's case that Panchayat Service is distinct whom it serves together constitute an almost parallel but subsidiary Government and it is distinct from State Service not in the sense that members of the Service are not servants of the State, equally applies to the Panchayat Service in Rajasthan. It is further held that the employees working under the Panchayat Institution too discharge the duties and functions connected with the affairs of the State. In view of this, the petitioners who are teachers working under Panchayat Samitis are entitled to get relaxation in upper age limit as per clauses (i) and (vi) mentioned in para 2 of the judgment as per the Advertisement. 21. In the result, the petitions are allowed as indicated above. The various orders/communications issued by the R.P.S.C. refusing to interview the petitioners for the posts applied for by them are set aside. The respondents are directed to consider the petitioners' case for relaxation in upper age limit treating them to be State Government servants and persons serving in connection with the affairs of the State. If they are found to be eligible and stand in merit, then appointments be given to them in the posts of Lecturer like other candidates.In the facts and circumstances, no order as to costs.Petition allowed. *******