Section 39
Special Provision Relating To Promotion
(1) Notwithstanding anything contained elsewhere in this Act, if any Employee of the gazette first class or below than that holding the same post for at least fifteen years has one month left to get retirement pursuant to Section 45, such Employee shall be promoted to one class higher post.
(2) Notwithstanding anything contained elsewhere in this Act, if any Employee of the gazetted first class or below than that holding the same post for at least fifteen years intends to have voluntary retirement pursuant to Section 35 and makes an application therefor, such Employee shall be granted retirement by promoting him or her to one class higher post.
(3) A special post shall ipso facto be created to make promotion pursuant to sub-section (1) or (2) and that post shall ipso facto lapse upon the retirement of such an Employee from service.
(4) Notwithstanding anything contained elsewhere in this Section, an Employee who dies after the completing the period as referred to in this Section in the same post, the pension and other facilities payable to one level higher post shall be provided to the family of such an Employee.
(5) Notwithstanding anything contained elsewhere in this Section, any Employee of gazetted first and second class holding the same post for at least fifteen years wishes to take retirement with promotion, such Employee shall be granted retirement by promoting him or her to one class higher post.