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Section 39
Special provisions regarding promotion

(1) Notwithstanding anything else written in this Act, a gazetted employee of the first category or below who has been in the same category for at least fifteen years shall be promoted to a higher category if one month is left before retirement in accordance with section 45.
(2) Notwithstanding anything else written in this Act, if a gazetted first class or below employee who has been in the same position for at least fifteen years submits an application to take voluntary retirement in accordance with section 48, he will be promoted to a higher position and retired.
(3) According to sub-section (1) or (2), a special post for promotion shall be automatically created and such post shall automatically be abolished after such employee retires from service.
(4) Notwithstanding anything written elsewhere in this section, in case of death of an employee who has completed the period as per this section in the same position, the family of such employee shall be provided with pension of one rank higher and other facilities.
(5) Notwithstanding anything else written in this section, if gazetted first class and gazetted second class employees who have been in the same position for at least fifteen years are promoted and retire, such employees will be promoted one grade higher and retired.