Short Note : 1. The respondent filed the suit alleging that he was a teacher in KBEP Memorial School, run by the Cantonment Board, Mhow. He sought a declaration that the order of his transfer was illegal and he also claimed arrears of pay and allowances. The trial Court dismissed the suit holding that the State Government was competent to transfer its employees from one place to another. On appeal the learned District Judge allowed the appeal and decreed the suit. Held: Admittedly no rule could be brought to the notice of the lower appellate Court or before this Court to indicate that this was one of the conditions of service that an employee of a school run by the Cantonment Board could not be transferred outside the Cantonment Board limits. Consequently, the assumption on the basis of which the lower appellate Court has chosen to dispose of the appeal is not justified. The issue about the conditions of service is an issue which ought to be determined on the material placed before the Court on record, and it could not be decided by mere assumption. Consequently, in the opinion of this Court, the lower appellate Court has committed an error of law in deciding the appeal merely on an assumption. Case remanded for deciding afresh. Appeal allowed.