(1.) 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.P-1. The same was extended from time to time, as is obvious from Exts.P-2 to P-6 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.P-6 the Petitioner had submitted Ext. P-7 dated 11-3-2010. As per Ext.P-7 the Petitioner sought permission to rejoin duty. On receipt of Ext.P-7 the 3rd Respondent issued Ext.P-8 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.P-8, the Petitioner had approached the second Respondent through Ext.P-9 dated 22-3-2010. In Ext.P-9 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.P-10 is the order passed by the second Respondent on Ext.P-9. As per Ext.P-10 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.P-10. Despite the receipt of Ext.P-10 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.P-11 before the second Respondent. Despite the receipt of Ext.P-11 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.P-12 dated 24-5-2010.
(3.) In the context of the contentions it is relevant to extract the directions in Ext.P-12 issued by the Government. It reads thus: