APPOINTMENTS AND LEAVING THE SERVICE

SECTION 1 - GENERAL

SECTION 2 - RECRUITMENT

SECTION 3 RULES FOR APPOINTMENT ON PROBATION

SECTION 4 - RULES FOR APPOINTMENT ON CONTRACT

SECTION 5-RULES FOR NON-PENSIONABLE SHORT-TERM APPOINTMENT

SECTION 6-TRANSFERS AND SECONDMENTS

SECTION 7- PROMOTIONS

SECTION 8 - LEAVING THE SERVICE

SECTION 1 – GENERAL

Authority for appointment

02101 – Appointment to public offices in the Abia State Civil Service shall be on the authority of the Abia State Civil Service Commission. These appointments are made either:

a) by letter written by the direction of the Abia State Civil Service Commission; or

b) by formal agreement between the officer and the Abia State Government or its appointed agents. Subject to Rules 02205, 02206 and 02207, Permanent Secretaries/Heads of Extra-Ministerial Departments are authorized to appoint eligible candidates to posts in respect of which the powers of appointment have been delegated to them.

Appointment to senior posts

02102 – i) Appointment to posts graded GL. 01 – 04 shall be made by delegated authority.

ii) Appointment to posts graded GL. 05 - GL. 12 shall be made by the Civil Service Commission.

iii) Appointment to post graded GL. 13 and above shall be made by the Civil Service Commission but in consultation and specific direction of the Head of Service. Such appointments shall be made into available vacancies, after due advertisement as the need arises. Applications must comply strictly with the terms of Advertisement.

Appointment to junior posts

02103 – i) Each Ministry/Extra-Ministerial Department shall work out the actual establishment or requirements for each Ministry/Extra Ministerial Dept. The Departmental Appointment Board (DAB) shall conduct the interview and appoint the officers. The procedure for appointment shall be the same as in appointments to senior posts.

Authority for promotion

02104 – Promotions to all posts in the State Civil Service other than Authority those of Permanent Secretaries are vested in the Abia State Civil Service Commission which has however authorized Permanent Secretaries/Heads of Extra-Ministerial Departments to promote eligible candidates to posts in respect of which the powers of appointment have been delegated to them.

Incremental date

02105 – Except as otherwise provided an officer's incremental date shall be the first day of the month in which he takes up the appointment or is promoted thereto.

Seniority

02106 – Except where otherwise provided, seniority as between persons selected for appointment from outside the Abia State civil Service shall be determined by the date of assumption of duty. Where, however, two or more persons selected from outside the Service arrive on the same date, seniority among them shall be determined by the date of the letter from the Abia State Civil Service Commission confirming the selection or in the case of contract officers, by the date of agreement. Seniority in any Department shall be determined by the date of an officer's appointment to a particular class or grade in which he is serving.

Unpaid staff is prohibited.

02107 – The employment of unpaid staff is prohibited.

02108 – i) Permanent Secretaries/Heads of Extra-Ministerial Departments will keep an up-to-date record of every officer under their control. Staff Record Form Gen. 60 shall be used and one copy must be sent to the Central Staff Records Office, in the Bureau of Establishments, Training and Pensions, within one month of the appointment.

ii) Date of birth recorded on appointment by an officer shall not be changed throughout the career of the officer.

SECTION 2 - RECRUITMENT

02201 –"Recruitment" means the filling of vacancies by the appointment of persons not already in the Civil Service of Abia State. It, however, excludes the transfer of officers from other civil service in the Federation to the Abia State Civil Service.

02202 – Direct appointment to the Abia State Civil Service may be in any of the following categories:

as trainees or pupils,
on probation in a pensionable post,
on non-pensionable contract to a non-pensionable post, or against a pensionable post for a specific period.
on month-to-month terms to a non-pensionable post or against a pensionable post,
on temporary basis other than (c) and (d) when post prove difficult to fill, they shall normally be advertised.

Trainee or pupil

02203 –

When a candidate for employment requires additional professional experience before he can be regarded as fully qualified for appointment to a specific post, he may be appointed as a trainee or pupil for a normal service for two years in the post. This period may, however, be reduced in special circumstances. On completion of the “trainee period” the pupil may be appointed to the full grade on probation and will not be eligible for confirmation in the Service until he has fulfilled the conditions laid down in Rule 02302 where applicable.
A confirmed officer who is advanced to the training grade for the purpose of acquiring the necessary experience to qualify him for substantive promotion to a senior post will be treated as if he had been seconded thereto and the period of such secondment will not normally exceed the period laid down for the training except with the special advice of the Bureau of Establishments, Training and Pensions.

Probation

02204 – except where the Abia State Civil Service commission decides otherwise, all first appointments to pensionable establishment in posts other than trainee post (see Rule 02203) will be on probation. An officer confirmed in a lower pensionable office will not however be rewarded as on probation in a higher post to which he is promoted an officer be seconded or transferred as confirmed officer pensionable service elsewhere.

Eligibility for appointment

02205 – To be eligible for appointment to the Abia State Civil Service, every applicant must:

not be less than 15 years and not more than 50 years of age.
possess minimum qualifications as are specified from time to time;
be certified by a Government Medical Officer as sound in health and medically fit for government service; and
possess a testimonial of good conduct from his last employer or, if not previously employed, from the last school or college he attended.

Prior approval certain cases

02206 – a) Every applicant for employment by Government must state:

whether he had been convicted of criminal offence;
all employment he has engaged in; and

a) if he has left any employment, why he did so;

b) if he is still in any employment whether he is under any obligation to remain in it; and

iii) a) whether he is free from financial embarrassment.

b) no candidate shall be appointed to any post in the Abia State Civil Service without the prior specific approval of the Abia State Civil Service commission if:

i) he has been convicted of a criminal offence; or

ii) he has previously been employed in Government Service and been dismissed or called upon to resign or retire therefrom. Such approval must always be obtained irrespective of any delegation of the commission's powers.

Procedure

02207 – (a) Senior Posts - All applicants for senior posts are required by the Abia State Civil Service Commission to complete Form No C.S.C. I as a result of which their antecedents are carefully scrutinized before they are invited for an interview for appointment.

(b) Junior Posts - It is the duty of Permanent Secretaries/Head of Extra-Ministerial Departments to inquire carefully into antecedents of all candidates they consider for appointment to a junior post and to ensure that every candidate they select is eligible under Rule 02205 for appointment. The following procedure shall be followed for completing the appointment of a candidate selected, after such an inquiry, as prima-facie eligible and suitable.

A candidate should be required to complete a letter of application on Form No. Gen. 69B. Any false statement made therein will be regarded as sufficient ground for non- employment or if such falsehood is detected after engagement for termination of employment without notice.
If in the light of the information so supplied, the candidate is still considered eligible and suitable, he should be made an offer of appointment on Form No Gen.69 (for pensionable appointments) and provided with a blank. Form No. Gen 75 on which to signify his acceptance of the offer etc.
If the candidate accepts the offer by returning within the specified time limit, Form No Gen. 75 completed in EVERY PARTICULAR he should be issued with a letter of appointment on FORM NO. GEN 69C, copies of which should be endorsed to the Permanent Secretary, Bureau of Establishment Training and Pensions, and to the Accountant-General of Abia State and the Auditor-General of Abia State.
In the case of an appointment to the pensionable establishment FORM NO. GEN. 60 should accompany the copy of Form No. GEN. 69C sent to the Bureau of Establishment Training and Pensions.

02208 – Immediately he assumes duty, a new staff shall be required to enter his personal particulars on FORM GEN. 60 (Staff Records Form) a copy of which shall be attached to the appropriate documents forwarded to the Bureau of Establishments, Training and Pensions, as indicated in Rule 02207 (b) (iv)

02209 – It is the duty of every Permanent Secretary/Head of Extra-Ministerial Department to ensure that all officers and temporary staff in his Ministry/Extra-Ministerial Department sign an Oath of Secrecy on security Form I and that the oath so signed are carefully preserved.

02210 – No Public Officer shall become a member of any secret society and any public officer who is a member of such societies shall renounce his membership forthwith by making à statutory declaration to that effect, or resign his appointment, or retire from the service.

02211 – Contravention of Rule 02210 shall be regarded as an act of serious misconduct and shall attract appropriate disciplinary action which may include dismissal from service.

SECTION 3. - RULES FOR APPOINTMENTS ON PROBATION

Period of probation

02301 – Officers on probation will be required to serve for two years before being confirmed in the service. This period may however be reduced to not less than six months by deduction of any previous period of Civil Service rendered satisfactorily in posts of cognate status involving similar duties. The period of probation shall not exceed two years unless an extension is approved by the Abia State Civil Service Commission, such extension may result in the incremental penalty referred to in Rule 05206 if the commission so decides.

Compulsory examinations

02302 – Within his probationary period an officer is required to pass the prescribed examination appropriate to his appointment:

For officers holding senior posts, the prescribed examinations are those described in chapter 7 and such other examinations as may be specified in individual offer of appointment.

Compulsory examinations

For clerical grade officers, the prescribed examination is the promotion confirmation examination held twice a year.
The examinations for technical grades are those prescribed in the scheme of service applicable to the particular post.

Confirmation or termination at the end of probationary period

02303 – To be eligible for confirmation in the Permanent Establishment, an officer appointed on probation is required to pass the prescribed examination, if any, during his probationary period and to complete his probationary period to the satisfaction of the authority empowered to appoint him. At the end of the period of probation the officer will, unless his probationary appointment is terminated or extended, be confirmed in his appointment.

Recommendations of Permanent Secretaries/Head of Extra- Ministerial Departments regarding the confirmation of all officers holding senior posts shall be made in the progress report prescribed in chapter 6 of the Rules.

SECTION 4 - RULES FOR

APPOINTMENT ON CONTRACT

Definition

02401 – A contract appointment is a temporary appointment (which does not provide for the payment of a pension) to a post of the level which appointment is made by Abia State Civil Service Commission for a specific period as opposed to appointment on pensionable terms, short month month appointment and temporary employment. The contract appointment must be recorded in a formal document of agreement.

Condition

02402 – (a) The conditions of service of a contract officer are those provided for in his contract and the privileges, emoluments or allowances described in these Rules do not apply to him unless they are specifically so stated in the contract itself. Any question of the interpretation of a contract affecting his conditions of service should be referred to the Bureau of Establishment, Training and Pensions.

(b) (i) contract appointment may be offered to expatriates, only when suitable Nigerians are not available.

(ii) Nigerians may be appointed on contract terms;

If they are pensioners, or
If they are 50 years of age or over
If they specifically request to be employed on contract terms and it is deemed in the interest of the service.

(iii) For non-Nigerians, the provisions of the Public Service Rules regarding contract thanage appointment shall apply in all cases, except rat for those women married to Nigerians.

(iv) Non-Nigerian women married to Nigerians should remain on contract until granted Nigerian citizenship before being considered for permanent appointment.

Duration of appointment

02403 – The duration of a contract appointment is limited to the period specified in the contract itself and any further employment of the officer concerned must be made subject of a new contract.

Termination during currency of contract

02404 –

By the Government - An appointment on contract may be terminated by the Government at any time in hall accordance with the terms specified in the contract itself. A recommendation to the Abia State Civil Service Commission for the termination of the appointment of a contract officer shall be accompanied by a full statement of the consideration which has prompted it. On the receipt of the recommendation, the Abia State Civil Service Commission will decide in its discretion whether the appointment shall be terminated forthwith in accordance with the terms of the contract or whether the officer should be offered an opportunity, to submit any formal representations if he so wishes before a final decision is taken.
By the officer - The termination of his contract by the officer himself is subject to the terms of his contract and any question concerning the waiving of any of the penalties under a contract of agreement shall be referred to the Bureau of Establishment, Training and Pensions.

Re-engage (responsibility of contract officers)

02405 – An Officer serving on contract, who desires re-engagement shall so inform the government in writing through his Permanent Secretary/Head of Extra-Ministerial Department not less than four months before his leave is due. In the absence of such notification, it may be assumed that an officer serving on contract does not desire re- engagement.

02406 – On receipt of such notification expressing an officer's wish to be re-engaged, the Permanent Secretary/Head of Extra-Ministerial Department will obtain the consent of the Bureau of Establishment, Training and Pensions to the re-engagement before forwarding his recommendation to the Abia State Civil Service Commission enclosing an up-to-date confidential report on the officer (unless such report has been forwarded within the previous two months). In reply, he will receive one or other of the following:

authority to inform the officer that arrangements will be made to offer him re-engagement during the course of his leave, and the details of the terms proposed. The Permanent Secretary/Head of Extra-Ministerial Department shall inform the officer accordingly without delay.
the original and counterpart of the re-engagement contract duly signed on behalf of Government. In this case the Permanent Secretary/Head of Extra-Ministerial Department shall obtain the officers witnessed signature to both copies, deliver the counterpart to the officer, and return the original to the Bureau of Establishment, Training and Pensions;
authority to inform the officer that he will not be re-engaged. The Permanent Secretary/Head of Extra-Ministerial Department must so inform him without delay.

Earlier notification of non – engagement

02407 – As soon as it is clear to a Permanent Secretary/Head of Extra- Ministerial Department that he will be unable for whatever reasons, to recommend the re-engagement of an officer serving on contract, he will seek the approval of the Abia State Civil Service Commission to inform the officer that he will not be re-engaged and on receipt of such approval, will inform the officer without delay.

Continuity of Service

02408 – Provided re-engagement is completed by the signature of a new contract before the end of vacation leave granted under an expiring contract, service under the new contract will be treated as continuous with service under the former contract.

Deferred leave

02409 – If a re-engagement contract officer is required to return to duty under his new contract before the expiration of his leave due under his former contract, the leave foregone will be treated as deferred leave to be enjoyed under the conditions of the new contract.

Incremental date

02410 – When an officer on contract is re-engaged in his former office without a break in service and on the same scale of salary, he will retain the incremental date enjoyed under his former contract. In order cases of re-engagement without break in service, the incremental date of a re-engaged contract officer will be fixed in accordance with such rules as may be applicable in the circumstance on the basis that the commencing date of the new contract is the date on which he resumes duty thereunder.

Appointment of retired officers on contract

02411 – Retired officers may only be re-engaged into career posts on grade levels immediately below that on which they retired.

Promotion

02412 – Reference should be made to Rule 02709.

SECTION 5- RULES FOR NON-PENSIONABLE SHORT - TERM APPOINTMENT

02501 – Appointment of staff on month-to-month and other short term appointment in the service are governed by the conditions set out in the letters offering the appointments as well as such Rules as may apply to such staff. Permanent Secretaries/Heads of Extra-Ministerial Departments are authorized to terminate these appointments in accordance with such terms.

Penalty breach

02502 – Ministries/Extra-Ministerial Departments are authorized to recruit persons into part time or temporary positions for a period not exceeding 3 months. A break of this rule shall be an offence which will attract appropriate surcharge on the officer approving the appointment.

SECTION 6-TRANSFERS AND SECONDMENTS

Definition

02601 – Transfer is the permanent release of an officer from one scheduled service to another or from one class to another within the same service

Secondment means the temporary release of an officer to the service of another Government or Body for a specified period.

Inter-Service Transfer and Secondment:

Application for transfer/secondment to posts graded GL. 01 GL. 04 shall be determined by the Ministry/Extra-Ministerial Department of the applicant's choice.
Application for transfer/secondment to posts graded GL. 05 to GL. 12 in any Ministry/Extra-Ministerial Department shall be determined by the Abia State Civil Service Commission. Confidential reports covering the last three years (or whole service if less than three years) of the officer's service shall be furnished.
Secondment of an officer to the service of another Government or Approved Body at his own request shall be for a maximum period of two years after which the officer must either apply for extension, seek for transfer or return to his former post. All extensions must be approved by the appropriate committees and the Abia State Civil Service Commission. The officer will be entitled to notional promotion by the Abia State Civil Service Commission on his desecondment in order to restore his seniority as a result of the promotion of others during his absence.
If it is in the public interest to second an officer to the service of another Government or Approved Body, the period of secondment shall not be limited, and the officer shall continue to hold his substantive post and be entitled to increment and promotion and will be treated as having been posted on special duty.

Interdepartmental transfers

02602 - a) Senior Posts - Transfers from one senior post to another or from one class to another within the Abia State Public Service require the prior approval of the Abia State Civil Service Commission and an officer must have served for a minimum period of 6 months in his original Department before seeking transfer to another Department. An application for such transfer must be submitted to the Permanent Secretary/Head of Extra-Ministerial Department of the applicant and must state the applicant's reason for desiring transfer and his qualifications for the work he wishes to undertake. Such application should be forwarded to the Abia State Civil Service Commission by the Permanent Secretary/Head of Extra-Ministerial department together with a statement as to:

i) how the applicant has performed his duties.

ii) whether the applicant is considered to be well qualified for the post he desires.

iii) recommendations as to the grant or refusal of the application

b) Junior posts - Transfers from one junior post to another within the Abia State Public Service or from one Department to another may be arranged, with the consent of the officers being considered for transfer, at the mutual discretion of their Permanent Secretaries/Heads of Extra-Ministerial Departments.

From non-pensionable to pensionable

02603 - a) Transfers from non-pensionable appointments require the approval of the authority empowered to appoint at the level concerned, and applications in regard to appointment made by the Abia State Civil Service Commission should be submitted to the Permanent Secretary/Head of Extra-Ministerial Department concerned and forwarded by him to the Commission, with his recommendations. At levels at which Permanent Secretaries/Heads of Extra-Ministerial Departments are authorized to make appointments without the approval of the Abia State Civil Service Commission, care should be taken to repeat in full the procedure set out in Rule 02207.

b) A staff who is permitted to transfer from a non-pensionable to a pensionable appointment must clearly understand that his appointment after such a transfer, may be subject to a period of probation and that in such circumstances, should he fail to secure confirmation in the pensionable establishment, he will have no claims to revert to his former non-pensionable appointment. This rule is modified in the case of promotion from a non-pensionable junior post to the immediately superior pensionable grade in the direct line of promotion there from to the extent that if the promotee does not secure confirmation in the higher grade, he may be allowed to revert to his former non- pensionable grade.

c) The salary at which an officer transfers to a pensionable appointment is not governed by the salary he was previously receiving in a non-pensionable appointment. In case of transfer from an unestablished post to an established post the salary of the transferee shall not be lower than what he was receiving as a non-pensionable staff provided that his salary had been correctly determined.

d) An application for transfer to pensionable appointment from an officer who was aged over 50 at the time he obtained his non- pensionable appointment will not normally be entertained.

Medical Examination

02604 - At all levels, serving non-pensionable candidates for pensionable appointments must undergo a medical examination by a Government medical officer, if their non-pensionable appointment was not preceded by such an examination. If the Government medical officer does not certify them to be in sound health and medically fit for employment in the pensionable establishment their transfer will not be effected.

From Clerical Assistant to Clerical Officer.

02605 - To be eligible for transfer from the post of Clerical Assistant to the Clerical Officer grade, an officer must have;

a) Obtained the full minimum educational qualifications for direct appointment to the Clerical Officer Grade; or

b) passed the Clerical Confirmation/Promotion test at promotion level

Salary on transfer

02606 - The salary and incremental date at which a Clerical Assistant enters the salary scale of the Clerical Officer Grade on transfer is governed by Rules 05104 and 05202.

Posting of Officers outside their professional cadres prohibition

02607 (i) No applicant shall be considered for transfer-on- promotion to any Ministry/Extra-Ministerial Department except in response to an advertised post. (ii) An applicant shall be considered for transfer:

(a) if he has been confirmed in his previous service and his qualifications, experience and career progression are in accordance with the Scheme of Service of the grade;

(b) provided the contemplated transfer would in no way jeopardize the promotion prospect of serving officers;

(c) where the Ministry is satisfied that there are vacancies not only in the relevant grade but also in the applicant's discipline or specialty;

(d) if he has served in his current grade for the stipulated minimum number of years prescribed for promotion to an advertised post.

(iii) Posting of officers within the Ministry to posts outside their professional Cadres should be prohibited.

SECTION 7 - PROMOTION

Medical Examinations

02701 - Before an officer holding a non-pensionable post, or in receipt of monthly rates of pay, may be promoted to a pensionable office, he must be examined by a Government Medical Officer and certified by him to be in sound health and fit for employment in the pensionable establishment, if his non-pensionable establishment was not preceded by such an examination.

Eligibility

02702 - Except where powers of appointment or promotion have been delegated to Permanent Secretaries/Heads of Extra Ministerial Departments, no promotion shall become effective until they have been approved by the Abia State Civil Service Commission.

(b) All officers who fall within the field of selection for any promotion exercise shall be considered except those who are under disciplinary action. The minimum number of years that an officer must spend in a post before being considered eligible for promotion shall be as follows:

Grade level of Staff Number of year in post

01-06 Minimum of 2 years

07-14 Minimum of 3 years

15-16 Minimum of 4 years

c) Promotion shall be made strictly on the basis of competitive merit from among all eligible candidates.

(i) In assessing the merit of officers, a clear distinction shall be made between their records of performance or efficiency in lower grades and their potential for promotions, ability and competence to perform efficiently the duties and responsibilities of the higher post.

(ii) In all cases, however, a general satisfactory record of conduct shall also be considered.

d) The responsibility for the promotion of officers in accordance with the prevailing procedures shall be as follows:

(i) GL 01 – 04 – by the ministry/Extra-Ministerial Department.

(ii) GL 05 – 12 – by the Civil Service Commission

(iii) GL 13 and above – by the Abia State Civil Service Commission on the recommendation from

Ministry/Extra-Ministerial Department or the relevant pool routed through the Head of Service.

Procedure

02703 - Before each promotion exercise, the responsible authority shall compile a list of all eligible candidates to be considered, the list being prepared on the basis of the job requirements or set of criteria previously established for the post by the Bureau of Establishment, Training and Pensions e.g. official qualifications/experience, age, training etc.

(i) The claims of meritorious officers in the Abia State Civil Service shall take precedence over those of persons not already in the service.

(ii) No officer shall be debarred from promotion on the sole ground of lacking a formal educational qualification other than that required for his grade and mode of entry into the service; provided also that no officer may be promoted to a post which requires its holders to have formal professional/technological qualification which he does not possess.

(iii) Only in very exceptional cases where available candidates within the Abia State Civil Service are not considered suitable for promotion to any vacant post may the latter be advertised publicly to interested persons outside the service.

In such a case, and similarly when officers in other Civil Service in the Federation are being recruited/transferred on promotion to the State Civil Service, it should be ensured that they meet the specific job requirements for the promotion posts.

In any event, officers being transferred into the Abia State Civil Service from other states of the Federation and other Agencies should be placed on the place they would normally have been had they joined the Abia State Civil Service in the first instance.

(iv) At the end of each promotion exercise, within six months of the announcement of the promotion, an officer shall be allowed the right of appeal against non-selection, and a reconsideration of his case.

From Junior to Senior posts

02704 - A meeting of the Departmental Selection Board shall be convened to interview and/or review officers holding junior appointments in the Ministry/Extra-Ministerial Department who may be recommended to the Abia State Civil Service Commission which shall examine the suitability of officers so recommended and offer them promotion to existing vacancies.

Effective date

02705 - The effective date of all promotions shall normally be 1st January following the promotion exercise or as determined by the Abia State Civil Service Commission.

From one junior post to another

02706 - The Permanent Secretary/Head of Extra-Ministerial Department is authorized to fill his Departmental vacancies in grades higher than clerical officers and equivalent technical grades by promoting thereto officers selected by the Departmental Selection Board.

Notional Promotion

02707 - (a) Notional Promotion may be granted to restore an officer's seniority, vis-à-vis his colleagues, if during his absence from duty on any of the following grounds, he was not considered for promotion, provided that on return to duty the officer is considered suitable for such promotion.

(i) where an officer is on an approved study courses or leave of absence on grounds of public policy;

(ii) where an officer is on secondment to another government Agency or Approved Body;

(iii) where an officer is granted study leave with or without pay.

(b) when an officer is granted Notional promotion he will not be entitled to the Salary of the higher post until he actually assumes duty in the post, but the effective date of notional promotion shall be used in determining the point at which the officer enters the new salary scale, his future incremental date and seniority in the grade.

Promotions during prohibited periods

02708 - An officer who has passed the compulsory examination for confirmation in the service shall be eligible for promotion notwithstanding the fact that he has not completed the probationary period specified in Rule 02301.

Promotion of a contract officer

02709 - Under normal circumstances, no contract officer will be considered for promotion except where there is no suitable pensionable officer available or where he possesses an exceptional qualification and suitable experience, he could be considered for an enhanced appointment during the re-negotiation of his contract.

SECTION 8

LEAVING THE SERVICE

Termination of appointment during probationary period

02801 - If within his probationary period it is established to the satisfaction of the authority empowered to appoint an officer that he is not qualified for efficient service, his appointment may be terminated by that authority at any time without any further compensation than free transport to the place from which he was engaged and such free transport will be granted only if his conduct has been good. Provided the termination is not due to misconduct on the officer's part, it will be effected by means of a month's notice and, subject to the same proviso, if the officer is eligible for vacation leave in respect of his service to date, such leave may be granted together with (if the officer so desire) normal vacation leave transport grant in lieu of the free transport mentioned above.

Such leave, if any, shall be, so arranged as to take place within the period of notice and, if possible, to expire on the same day as the notice. The position regarding the refund of the cost of any training given the officer is governed by the bond relating to such training.

Relinquishment of an officer during probational period

02802 - If an officer relinquishes his appointment within the period of his probationary service, he may be required to refund any expenditure by government in transporting him, his family, servant and baggage to or from the place or places at which he has been employed and he will not be eligible for any facilities from government towards transport from the station at which he is then serving. The position regarding the refund of the cost of any training given the officer is governed by the bond relating to such training.

Termination

02803 - The appointment of an officer on probation who fails to secure confirmation in the pensionable establishment at the expiration of his probationary period, including such extension thereof as prescribed under Rule 02301 may be terminated in the manner specified in Rule 02801.

02804 - (a) An officer who resigns will be liable to:

forfeit alt claims to vacation leave; any vacation leave or passage privileges granted will be ex-gretia;
refund to the government in full any sum of money which he may be owing to the government or which, under the provisions of other Rules or agreements entered into with Government, is refundable to government for his not discharging the obligations set out in such an agreement; provided that any or all of such refunds may be waived at the discretion of the government.

(b) By virtue of the provision of Regulation 15 of the Pensions Act (Cap. 346) all previous pensionable service is forfeited on resignation and cannot be taken into account for pension purposes if the officer is subsequently re-employed except where under certain circumstances, such a break in service has been condoned by the Bureau of Establishment, Training and Pensions.

Leaving the service during a leave year

02805 - An officer who leaves the service other than by resignation or dismissal will be eligible for proportionate leave in accordance, with Rule 13207. If he has enjoyed more leave during the leave year than he is eligible to receive under that Rule, he will be required to refund salary at the rate which it was paid for the number of working days' leave enjoyed in excess of what he was eligible to receive, the days in respect of which salary is refunded being treated as leave without pay for pension purposes. This provision will be waived in the case of an officer who has died in the service.

Leaving the service by resignation

02806 - Ex-gratia leave under Rule 02804 may be granted to an officer who resigns his appointment only if he has served a minimum period of ten months during the leave year. Any debts, due to government as a result of an officer who resigned after having enjoyed his leave before completing the minimum period specified under this Rule will be treated in accordance with Rule 13207 (b).

Pension and gratuity: authority.

02807 - The grant of pension and gratuities to holders of pensionable posts in the Abia State Public Service is governed by the Pensions Act No. 102 of 1979, and current circulars.

Payment of retiring benefits: Guidelines

02808 - Ministries and Extra-Ministerial Departments shall:-

ensure that the record of each officer is up-to-date;
forward in the month of January every year the names of officers due to retire during the year to the Bureau of Establishment Training and Pensions.
Ensure that pension form is given to each retiring officer in good time to enable him complete and submit to the Department of Administration of his Ministry at least six months before he is due to proceed on retirement.
Ensure that completed pension form, together with, an up-to-date and certified record of service and a statement of the officer's indebtedness to Government; are forwarded to the Bureau of Establishment, Training and Pensions at least three months before the officer is due to retire.

02809 – The compulsory retirement age for all grades in the service shall be 60 years or 35 years of pensionable service whichever is earlier. No officer shall be allowed to remain in the service after attaining the retirement age of 60 years or 35 years of pensionable service which is earlier.

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