1. Letters Patent Appeal on hand is directed against the writ court judgment dated 17.12.2011 in SWP No. 1413/2009 titled Jammu & Kashmir State Road Transport Corporation Pensioners Welfare Association v. State of J&K and others whereby the writ court has quashed communication addressed by Dy. Accountant General to the Commissioner Secretary to Government Finance Department, to the extent it made payment of Cost Of Living Allowance to the petitioners subject to the availability of resources with the J&K State Road Transport Corporation.

2. The admitted facts may be noticed, in the first place.

3. Members of the writ petitioner/Respondent No. 1 Association, are erstwhile employees of J&K Government Transport Undertaking. The State Government in the year 1976 converted the Transport undertaking into J&K State Road Transport Corporation. The State Government vide Government order No.25/TR of 1979 dated 27.3.1979 directed that the employees of the Transport Undertaking would be treated as on deputation to the State Road Transport Corporation. The employees of the Transport Undertaking who were holding permanent status or quasi perma#31;nent status for five years on the d