completed on 08.11.2010 AN. The delinquency is within the check period of 5 years and therefore, the petitioner is not eligible for inclusion of his name in the panel of Executive Engineers for the year 2015-16, as per the provisions of Clause 13 under Part A (II) contained in Schedule XI of the Tanil Nadu Government Servants (Conditions of Service) Act, 2016. While examining the eligibility of the petitioner to the post of Superintending Engineer, it was found that the immediate junior of the petitioner namely, Thiru.M.Karunakaran, was under suspension and the name of his next immediate junior Thiru.C.Mohan was included in the temporary list of Executive Engineer fit for Superintending Engineer for the year 2019-20, approved in G.O(D).No.31, PWD, dated 28.06.2019 and Thriu.C.Mohan, Executive Engineer was promoted as Superintending Engineer on 23.07.2019, by which time, the petitioner has retired from the service on 30.06.2019 AN, on attaining the age of superannuation. Hence, the petitioner is not eligible for restoration of seniority in the post of Superintending Engineer. Considering the above factual position in accordance to the provision of rules, the respondent, by its order dated 09.11.2022, in G.O(2D).No.71, WR (A1) Department, had ordered to include the name of
