JUDGMENT/ORDER 1. All the above mentioned writ petitions shall stand disposed of by this common order as the grounds, on which the transfer orders are challenged, are identical and all the petitioners are working as Physical Training Instructor – Grade-III. 2. For convenience, the facts are being taken from S. B. Civil Writ Petition No. 11224/2016. 3. While praying for setting aside the impugned transfer order, learned counsel for the petitioner contended that the appointment order of the petitioner as Physical Training Instructor (P.T.I.) - Grade-III was issued by the District Education Officer, Secondary Education, Sri Ganganagar. The order granting selection scale in the case of similarly situated P.T.I. Grade-III was also issued by the District Education Officer, Secondary Education (for short “D.E.O. Secondary Education” hereinafter). However, the order of transfer dated 18.07.2016 has been passed qua the petitioner by the District Education Officer, Elementary Education, Sri Ganganagar and therefore, said order is without jurisdiction. Reply has been filed. 4. As per the reply, the order under challenge is, in fact, a posting order from one place to another while implementing the staffing pattern brought in force by way of Circular dated 21.04.2016. The validity of the said circular has been upheld by the Division Bench of this Court in D.B. Civil Writ Petition No. 7900/2016 (Pooja Rani and others Vs. State and others) decided on 16.08.2016. In pursuance to the said circular, the State Government merged the primary and upper primary schools in the nearby secondary/higher secondary schools in order to provide the quality education to the students and in order to have more effective administrative control over the employees of primary and upper primary schools. While granting them this posting order, the petitioners were called for counseling and during the said counseling, their choice of posting was taken into consideration. Secondly, in pursuance to the 73rd Amendment of the Constitution, the Elementary Education was handed over to the Panchayati Raj Institutions. The affairs of the Panchayati Raj Institutions are regulated by the duly constituted District Establishment Committee in each district. The D.E.O., Elementary is one of the members of this committee. The D.E.O. Elementary has only carried out the directions of the District Establishment Committee. Hence, the orders are in accordance with law. Thirdly, even as per the Notification dated 02.10.2010, the Panchayati Raj Department was the cadre controlling authority as well as the transferring authority. The D.E.O., Elementary is one of the members of this committee. The D.E.O. Elementary has only carried out the directions of the District Establishment Committee. Hence, the orders are in accordance with law. Thirdly, even as per the Notification dated 02.10.2010, the Panchayati Raj Department was the cadre controlling authority as well as the transferring authority. The order of posting was duly recommended by the District Establishment Committee. 5. Accordingly, no fault can be found with the orders of transfer passed by the D.E.O. Elementary Education on the recommendation of the District Establishment Committee. It was further contended that the argument of the learned counsel for the petitioner that the District Education Officer, Elementary Education (for short “D.E.O. Elementary Education” hereinafter) is not competent to pass the order of transfer is misplaced as a counseling committee was constituted for implementation of staffing pattern brought in force by way of Circular dated 21.04.2016 and the decision taken in the meeting of the counseling committee was approved by the District Establishment Committee of the Zila Parishad. The following members constituted the District Establishment Committee :- 1. District Education Officer, Secondary Education 2. District Education Officer, Elementary Education 3. Chief Executive Officer, Zila Parishad 4. Representative of the District Collector. 6. Thus, it was argued that the D.E.O. Elementary has passed the order of posting qua the petitioner on the recommendation and decision of the District Establishment Committee. Hence, the order of transfer is in accordance with the law. 7. Learned counsel for the parties were heard at length. 8. There is no dispute that the Government of Rajasthan had issued certain instructions for allotment/rationalization and posting of the teaching staff in government schools vide Circular dated 21.04.2016. The said Circular dated 21.04.2016 was upheld by the Division Bench of this Court in the case of Pooja Rani and others (supra). 8. There is no dispute that the Government of Rajasthan had issued certain instructions for allotment/rationalization and posting of the teaching staff in government schools vide Circular dated 21.04.2016. The said Circular dated 21.04.2016 was upheld by the Division Bench of this Court in the case of Pooja Rani and others (supra). Since the sanctioned strength of P.T.I. was much more than the number of P.T.I’s available, it was decided to utilize the services of the P.T.I’s to its optimum, for which the policy of rationalization and posting was framed as mentioned above and it was decided to post the P.T.I’s as per Clause 6 and 7 of the said circular, which are reproduced as under :- ^^6- orZeku esa izkjfaHkd f'k{kk ds fo|ky;ksa esa i`Fkd ls 'kkjhfjd f'k{kd dk in Lohd`r u djds v/;kid ¼xzsM& III ds Lohd`r in ij gh 'kkjhfjd f'k{kd dk inLFkkiu fd;k tkrk gS] ftlds dkj.k 'kkjhfjd f'k{kdksa dk inLFkkiu vko';drk ds vk/kkj ij ugha gks ikrk gSA vr% mPp izkFkfed fo|ky;ksa esa 'kkjhfjd f'k{kd ds dk;Z gsrq v/;kid ¼xzsM& III ds in ds LFkku ij 'kkjhfjd f'k{kd xzsM& III ds in dk vkoaVu fuEukuqlkj fd;k tk;sxk& (a) bu inksa dk vkoaVu v/;kid ¼xzsM& III ds dqy Lohd`r inksa esa ls gh fd;k tkosxkA (b) 120 ls vf/kd ukekadu okys leLr mPp izkFkfed fo|ky;ks esa ,d 'kkjhfjd f'k{kd xzsM& III dk in vkoafVr fd;k tkosxkA (c) 120 ls vf/kd ukekadu okys ftu mPp izkFkfed fo|ky;ksa esa izcks/kd ¼'kkjhfjd f'k{kk½ vFkok lafonk ij iSjkVhpj ¼'kkjhfjd f'k{kk½ dk;Zjr gS] muesa 'kkjhfjd f'k{kd xzsM& III ds LFkku ij izcks/kd ¼'kkjhfjd f'k{kk½ vFkok lafonk iSjkVhpj ¼'kkjhfjd f'k{kk½ dk in fn;k tkosxkA (d) mijksDr ds vfrfjDr ;fn fdlh fo|ky; esa izcks/kd ¼'kkjhfjd f'k{kk½ vFkok lafonk ij iSjkVhpj ¼'kkjhfjd f'k{kk½ dk;Zjr gS rks fo|ky;ksa esa dk;Zjr izcks/kd ¼'kkjhfjd f'k{kk½ vFkok lafonk iSjkVhpj ¼'kkjhfjd f'k{kk½ dks fcUnq la[;k 10 ds vuqlkj vf/k'ks"k (Surplus) fd;k tkdj in lfgr 'kkjhfjd f'k{kd ¼xzsM& III) dh vuqiyC/krk okys 120 ls vf/kd ukekadu okys mPp izkFkfed fo|ky;ksa esa fcUnq la[;k 5 (C) ds vuqlkj LFkkukUrfjr fd;k tkosxkA (e) 120 ls de ukekadu okys mizkfo es iw.kZ dkfyd 'kkjhfjd f'k{kd vkoafVr ugha fd;k tkosxk] bu fo|ky;ksa es dk;Zjr f'k{kdksa }kjk gh va'kdkfyd 'kkjhfjd f'k{kd dk dk;Z lEikfnr fd;k tkosxkA 7- izkFkfed ,oa mPp izkFkfed fo|ky;ksa esa dk;Zjr 'kS{kf.kd dkfeZdksa ds dkyka'kksa ,oa d{kkvksa dk vkoaVu (a) f}rh; Js.kh ofj"B v/;kid ¼mPp izkFkfed fo|ky; ds laLFkk iz/kku ds :i esa dk;Zjr½ }kjk laLFkk iz/kku ds dk;Z ds lkFk&lkFk d{kk 6 ls 8 esa f'k{k.k dk;Z Hkh djok;k tkosxkA (b) v/;kid ¼xzsM& III ysoy&1 ds izkFkfed rkSj ij d{kk 1 ls 5 dks f'k{k.k dk;Z djok;saxsA in fjDr gksus dh fLFkfr esa v/;kid ¼xzsM& III ysoy&1 ds v/;kidksa ls muds ikl visf{kr ;ksX;rk gksus ij vko';drkuqlkj 6&8 esa Hkh f'k{k.k dk;Z djok;k tk ldsxkA (c) v/;kid ¼xzsM& III ysoy&2 ds v/;kid d{kk 1 ls 8 dks f'k{k.k dk;Z djok,axsA (d) 'kkjhfjd f'k{kd xzsM& III }kjk vko';drkuqlkj vU; fo"k;ksa dk f'k{k.k dk;Z Hkh djok;k tkosxkA (e) lHkh lafonk dkfeZd 'kS{kf.kd ;ksX;rk ,oa vko';drkuqlkj d{kk 1 ls 5@8 esa f'k{k.k dk;Z djsaxsA^^ For the purpose of same, a committee was constituted in terms of Clause 8 of the said circular. The committee was comprised of the following members :- 1- lacaf/kr mifuns'kd] izkFkfed f'k{kk & v/;{k 2- ftyk f'k{kk vf/kdkjh] izkjafHkd f'k{kk & lnL; lfpo 3- ftyk f'k{kk vf/kdkjh ek/;fed f'k{kk & lnL; 4- mifuns'kd ek/;fed f'k{kk dk;kZy; ds laLFkkiu vuqHkkx ds izHkkjh vf/kdkjh & lnL; 5- ftys ds leLr CykWd f'k{kk vf/kdkjh & lnL; 9. The said committee after giving opportunity to the various P.T.I’s ordered their posting to whichever place, they were required most keeping in mind especially Clause 6 and 7 of the Circular dated 21.04.2016. Thereafter, the same was approved by the District Establishment Committee. After the approval of the District Establishment Committee, the D.E.O. Elementary Education passed the order of posting/transfer, as the case may be. Thus, to the extent vide which the committee was formed for execution of the Circular dated 21.04.2016 and the subsequent approval by the District Establishment Committee cannot be faulted with and nor the same has been challenged. Thus, the only question is as to whether the formal order of transfer should have been finally issued by the D.E.O. Elementary Education or the D.E.O. Secondary Education qua the petitioners who are P.T.I. Grade-III, for which this Court needs to refer to the Circular/Order dated 28.11.1997 placed on record as Annexure-4. A perusal of the Schedule-III attached to the said circular/order refers to the authority competent to appoint and transfer. It is evident from the same that appointing authority of the Teacher Grade-III is the D.E.O. (Elementary) and the authority competent to transfer is the D.E.O. (Elementary). Whereas, for the post of P.T.I. Grade-III, the appointing authority is the D.E.O. (Secondary) and the competent authority to transfer is the D.E.O. (Secondary). As per the appointment order, the petitioner was appointed as P.T.I. Grade-III and the appointment order was issued by the D.E.O. (Secondary). It is, therefore, evident that even after the 73rd Amendment of the Constitution vide which the Elementary Education was handed over to the Panchayati Raj Institutions as one of the 29 subjects, which were part of 11th Schedule, the appointment authority of P.T.I. Grade-III continued to be the Department of Secondary Education leaving no doubt that the competent authority to pass an order of transfer is also the D.E.O. Secondary Education. The D.E.O. Elementary Education is no doubt the competent authority to pass an order of transfer qua the Teacher Grade-III but definitely not of P.T.I. Grade-III. The D.E.O. Elementary Education is no doubt the competent authority to pass an order of transfer qua the Teacher Grade-III but definitely not of P.T.I. Grade-III. The formal order of transfer, therefore, was required to be passed by the D.E.O. Secondary Education, even though, approved by the District Establishment Committee. 10. In view of the above, the impugned orders of transfer qua the petitioners are set aside with liberty to the competent authority, which is the District Education Officer, Secondary Education in the case of Physical Training Instructor – Grade-III, to pass a fresh order of transfer. It has already been held above that no fault can be found with the procedure followed for implementation of the Circular dated 21.04.2016, for which a committee was formed for further execution of the staffing pattern and thereafter, approved by the District Establishment Committee. Hence, it is clarified that while passing the said order, the respondents are not required to go through a fresh process of counseling and shall pass the fresh orders in pursuance to the counseling already held and as approved by the District Establishment Committee. 11. The writ petitions stand disposed of as above.