Litigations loom as New Public Service Rule force out 512 directors

Litigations loom over the civil service as some directors among the 512 directors penciled down for premature retirement by the revised Public Service Rules, 2021are insisting is against the mandatory 60 years or 35 years in service retirement age.

Tensions and agitations on Thursday agreed a memo the Head of Civil Service of the Federation, Folashade Yemi-Esan, sent to Ministries, Departments and Agencies directing full compliance with the newly revised rules.

The revised PSR 020909 stipulates that, “A Director or its equivalent by whatever nomenclature it is described in MDAs shall compulsorily retire upon serving eight years on Tenure Policy on the post; and a Permanent Secretary shall hold office for a term of four years and renewable for a further term of four years, subject to satisfactory performance and no more.”

Yemi-Esan, while unveiling the revised public service rules on July 28, 2023, in Abuja, had noted that the implementation would commence immediately as the effective take off date was July 27, 2023.

The new rules also introduced a tenure policy for permanent secretaries who are now required to spend four years in office which is renewable subject to performance.

Sources in the Federal civil service confirmed to Newmen on Thursday that the new rule is expected to affect as many as 512 directors who have served on their position for eight years or more.

The rules were revised under the administration of former President Muhammadu Buhari but could not be implemented for some obvious reasons that majority of those to be affected are from a particular region.

President Bola Tinubu is launching it in line with the ‘renewed hope’ agenda and revitalise the civil service.

A memo from OHSF dated July 27, addressed to all Permanent Secretaries, Accountant-General of the Federation, Auditor-General of the Federation and Heads of Extra Ministerial Departments, ordered strict compliance with the revised rules.

It read, ‘’Following the approval of the revised Public Service Rules by the Federal Executive Council on the 27th of September, 2021 and its subsequent unveiling during the public service lecture during the commemoration of the 2023 Civil Service Week, the PSR has become operational with effect from 27 July, 2023.

“You are, therefore, to ensure full compliance with all provisions of the Public Service Rules, 2021. Please, ensure strict compliance with the contents of this circular.”

Some public servants opposed to the implementation of the new PSR are insisting that it was in conflict with the mandatory 60 years retirement age for civil servants, citing relevant sections of the rules.

According to PSR 020908, the mandatory retirement age remains 60 years or 35 years in service as the case may be with the exemption of judicial officers, and members of the Academic Staff Union of Universities, among others.

The rule states that “The mandatory 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 service after attaining the retirement age of 60 years or 35 years of pensionable service, whichever is earlier.

“The provision of (i) and (ii) above is without prejudice to prevailing conditions of service for Judicial Officers, Academic Staff of Universities and other Officers whose retirement age is at variance with (i) and (ii) above.”

But the revised PSR 020909 stipulates that, “A Director or its equivalent by whatever nomenclature it is described in MDAs shall compulsorily retire upon serving eight years on Tenure Policy on the post; and a Permanent Secretary shall hold office for a term of four years and renewable for a further term of four years, subject to satisfactory performance and no more.”