C.T. Ravikumar, J.

The petitioner is an Upper Primary School Assistant in P.H.S Padagiri, at Palakkad. She had applied for Leave Without Allowances to join her spouse and same was granted as per Ext.P1. The same was extended from time to time, as is obvious from Exts.P2 to P6 orders. The leave thus availed by the petitioner was due to expire on 21.3.2010. Prior to the expiry of the leave without allowance granted as per Ext.P6 the petitioner had submitted Ext.P7 dated 11.3.2010. As per Ext.P7 the petitioner sought permission to rejoin duty. On receipt of Ext.P7 the 3rd respondent issued Ext.P8 letter dated 22.3.2010. to the 4th respondent whereby the 4th respondent was directed not to allow the petitioner to rejoin duty from 22.3.2010. It is also stated therein that disciplinary proceedings had already been initiated against the petitioner as she had left the school before obtaining sanction of leave. A further direction was issued thereunder to record the said matters in the attendance register. On receipt of Ext.P8, the petitioner had approached the second respondent through Ext.P9 dated 22.3.2010. In Ext.P9 the petitioner has specifically stated that Government have sanctioned the Leave Without Allowance to her till 21.3.2010 and she was disallowed to rejoin duty when she reported for rejoining duty on 22.3.2010. In the said circumstances, she had requested the second respondent to issue appropriate instructions to the Manager to allow her to rejoin duty. Ext.P10 is the order passed by the second respondent on Ext.P9. As per Ext.P10 order dated 25.3.2010 the second respondent directed the 4th respondent to permit the petitioner to rejoin duty with effect from 22.3.2010 and to report the fact immediately. The 3rd respondent was also served with a copy of Ext.P10. Despite the receipt of Ext.P10 which carried the aforesaid specific directions the petitioner was not permitted to rejoin duty. Feeling aggrieved by the said action on the part of the 3rd and 4th respondent, the petitioner has preferred Ext.P11 before the second respondent. Despite the receipt of Ext.P11 no steps as contemplated under the provisions of Kerala Education Rules have been taken by the second respondent. This writ petition has been filed in the said circumstances.

2. On 7.4.2010 this court issued notice to the respondents. Pursuant to the receipt of notice from this court Government have issued Ext.P12 dated 24.5.2010.

3. In the context of the contentions it is relevant to extract the directions in Ext.P12 issued by the Government. It reads thus:-

"I am to invite your attention to the reference cited. The action of the Headmistress of your school in having rejected the request of Smt.Elsy P. Oomman for rejoining duty on the grounds that disciplinary action was initiated against her for leaving the school before getting the leave sanctioned, is irregular. Even if, she had absented from duty without leave, she cannot be denied re-admission to duty, as per Para 53(6) of the Manual of Disciplinary Proceedings. The action of the school authorities refusing to rejoin the petitioner on duty is also violative of the guidelines issued in the circular No.13/2003/Fin. dated 17.1.2003. As such, you are directed to permit the teacher to rejoin service on the reopening day of the academic year 2010-2011, pending disciplinary action." (Emphasis supplied)

Obviously, as per Ext.P12, Government have specifically directed the 3rd respondent to permit the teacher to rejoin service on the re-opening day of the academic year 2010-2011 pending disciplinary action. It is made clear that para 53(6) of the Manual of Disciplinary Proceedings enjoins re-admission to duty, even in case of persons who had absented from duty without leave. The grievances of the petitioner is that even thereafter, the petitioner was not permitted to rejoin duty.

4. It is thus evident from the contentions raised by the petitioner that as per Exts.P1 to P6, the petitioner was granted leave without al