This writ appeal arises out of judgment and order dated 10.3.97 passed by a learned Single Judge of this Court in Civil Rule No.424 of 1997 thereby dismissing the same. The writ petitioner/appellant, who is a teacher, had challenged his transfer order dated 16.1.97 (Annexure O) from one school to another, on the ground of malafides and also as violative of established norms, but by the impugned order the same has been dismissed mainly for the reason that the authorities against whom malafides have been alleged were not made parties to the petition. Hence this appeal.

2. Learned counsel appearing for the appellant reiterated the same grounds, with a little more elaboration, as to how the impugned order of transfer is detrimental to appellant's interest, who is trnasferred from a planned school to a non-planned school, having direct bearing on tenure of service.

3. Learned counsel for the Caveator-rcspondent. on the otherhand. placing reliance on the following judgments urged that the impugned judgment does not call for any interference, after all, transfer is an incident of service .

(1) Abani Kanta Ray vs. State of Orissa, 1995 Supp (4) SCC 169. It was a c