SEC. 2. The third paragraph of Section twenty-three of the same Act, as amended, is further amended to read as follows:
"Whenever a vacancy occurs in any position in the competitive service in the government or in any government-owned or controlled corporation or entity, the officer or employee next in rank preferably in the same office, who is competent and qualified to hold the position and who possess an appropriate civil service eligibility shall be appointed thereto: Provided, That should there be two or more persons under equal circumstances, seniority snail be given preference: and Provided, however, That should there be any special reason or reasons why such officer or employee should not be appointed to such vacancy, such special reason or reasons shall be stated in writing by the appointing official and the officer or employee concerned shall be informed thereof and be given an opportunity to be heard by the Commissioner of Civil Service, whose decision shall be final, unless appealed from in the manner provided by law: Provided, finally, That no further examination shall be required of the promotional appointee by the Commission if he has already been satisfactorily discharging the duties of such higher position in an acting capacity for at least five years. If the vacancy is not filled by promotion as provided herein, then same shall be filled by transfer of present employees in the government service, by reinstatement, by re-employment of persons separated through reduction in force, or by appointment of persons with the Civil Service eligibility appropriate to the position."
