14. The second error committed by the second respondent is that he ignored the selection list, which contained the names of the appellant, in which he was placed in Serial No.1, was published by TNPSC, for the year 1993-1994 and re-fixing the seniority of the third respondent over and above the name of the appellant in spite of the third respondent having been appointed only on 23.06.1998 on compassionate ground is illegal. Furthermore, the 2016 Act came into force on 14.09.2016 and in terms of Section 1(2) of the 2016 Act, Section 40(1) of the Act shall be deemed to have to come into force on 01.01.1955 and all other provisons of the Act shall come into force with effect from 14.09.2016. The order impugned in the writ petition passed by the second respondent seeks to invoke Section 40(2) of Tamil Nadu Government Servants (Conditions of Service) Act, 2016, which has not been given retrospective effect and can be applied prospectively i.e. only with effect from 14.09.2016. Therefore, the said provision could not have been referred to or relied on by the second respondent while passing the order impugned in the writ petition. In any event, a candidate, who has been appointed on compassionate ground, cannot be treated as a senior over and above the directly recruited candidate and if such is the interpretation which has to be given, then Rule 2(e) in Section 10 of the Tamil Nadu Engineering Service will have to be scrapped from the statute book. The said rule reads as follows:
