GENERAL REGULATIONS GOVERNING PROMOTION AND APPOINTMENT OF STAFF

1.1 Introduction

The vacant posts in the government services, institutions, schools, companies or other cooperate organisations can be filled up directly by recruitment and appointing from outside; and also indirectly by giving promotion to those persons who are already in the workforce of the institution. This indirect method is called ‘promotion system’ and the direct method is referred to as ‘appointment’. In all countries, both the direct and indirect methods are followed. In Nigeria also promotion is considered as an integral part of the career service. In different academic papers the concept appointment and recruitment are usually used interchangeably even though they are different concepts while appointment is the act of appointing; designation of a person to hold an office or discharge a trust while recruitment is the process or art of finding candidates for a post in an organization, or of recruits for the armed forces. In this paper we are going to look at appointment and promotion and the general rules guiding both. We will also look at the various types of appointments as the rules guiding them are sometimes similar but not the same.

1.2 Concept of Appointment.

Appointment means the action of an appointing authority to place a person in a position within the agency in accordance with the law and the Rules of the Public service. An appointment is effective when the employee reports for work or is in paid leave status on the agreed starting date and time. Also Okoli (2012) sees it as the act of appointing; designation of a person to hold an office or discharge a trust. PSR 020202- 020204 detailed the types of appointment and the different conditions that could warrant each of these types of appointment and the processes involved and entitlements of affected officers are elaborated upon in PSR 020301- 020412

1.3 Concept of recruitment

Recruitment is defined as the filling of vacancies by the appointment of persons not already in the Public Service of the Federal Republic of Nigeria. It excludes the transfer of officers from other Public Service in the Federation to the Federal Public Service (See PSR 020201). recruitment is “a set of activities used to obtain a sufficient number of the right people at the right time from the right places”, (Nickels et al, 2007) and its purpose is to select and place those who best meet the needs of the work place, and to develop and maintain a qualified and adequate work force through which an organization can fulfill its human resource plan. Similarly, Motsoeneng, (2011) defines recruitment as about making sure that qualified people are available to meet the employment needs of government. Ineffective recruitment precludes any chance for effective candidate selection because when recruitment falls short of qualified applicants, selection must proceed with a pool of poorly qualified candidates. The task of recruitment is to generate a sufficient pool of applicants to ensure that there are people available with the necessary skills and requirements to fill positions as they arise.

1.4 Types of appointment in the Civil service

PSR 020202. – Direct appointment to the Federal Public Service may be in any of the following categories:

(a) as trainees or pupils,

(b) on probation in a pensionable post,

(c) on non-pensionable contract to a non-pensionable-post, or against a pensionable post for a specified period.

(d) acting Appointment.

1.5 Rules governing Appointment

PSR 020205. – To be eligible for appointment into the Federal Public Service, every applicant must:

(a) not be less than 18 years and not more than 50 years of age;

(b) Possess such minimum qualification as may be specified from time to time including computer literacy;

(c) be certified by an authorized Health Care Provider as medically fit for Government Service;

(d) possess a testimonial of good conduct from last employer or if not previously employed, from the last school or college attended; and

(e) possess requisite qualifications as provided for in the Scheme of service.

(f) No officer shall be appointed into the Public Service without authorization for appointment from the Office of the Head of Civil Service of the Federation and supervisory Boards in the case of Parastatals.

PSR 020206. – (a) No candidate shall be appointed to any post in the Federal Civil Service without the prior specific approval of the Federal Civil Service Commission if:

• the candidate has been convicted of a criminal offence; or
• he/she has previously been employed in Government Service and been dismissed or called upon to resign or retire there from. Such approval must always be obtained irrespective of any delegation of the Commission’s powers.

(b) In view of Rule (a) above, every applicant for employment by Government must state:

(i) whether he/she has been convicted of a criminal offence;

(ii) all employment he/shall has engaged in; and

(a) if he/she has left any employment, why he/she did so; or.

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

(iii) whether he/she is free from financial embarrassment.

1.6 RULES FOR APPOINTMENT ON PROBATION

020301 – 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 Federal Civil Service Commission; such extension may result in the incremental penalty referred to in Rules 040206, if the Commission so decides.

020302 – Within his probationary period an officer is required to pass the prescribed examination appropriate to his/her appointment:

(a) For officers holding senior posts, the prescribed examinations are those described in Chapter 6 and such other examination as may be specified in individual offer of appointment.

(b) For clerical grade officers, the prescribed examination is the promotion/confirmation examination.

(c) The examinations for technical grades are those prescribed in the Scheme of Service applicable to the particular post.

1.7 RULES FOR APPOINTMENT ON CONTRACT

PSR 020401 – A contract appointment is a temporary appointment (which does not provide for the payment of a pension) to a post of the level to which appointment is made by the Federal Civil Service Commission for a specific period as opposed to appointment on pensionable terms and temporary employment. A contract appointment must be recorded in a formal document of agreement.

020402 – (a) The conditions of service of a contract officer are those provided for in his/her contract and the privileges, emoluments or allowance described in these Rules do not apply to him/her unless they are specifically so stated in the contract itself. Any question of the interpretation of a contract affecting his/her conditions of service should be referred to the Office of the Head of the Civil Service of the Federation.

(b) (i) Contract appointments may be offered to expatriates only when suitable Nigerians are not available. Nigerians may be appointed on contract terms if:

(a) they are pensioners;

(b) they are 50 years age or over at the time they are being appointed;

(c) they specifically request to be employed on contract terms and it is deemed in the best interest of the service; and

(d) the candidate possesses specialized competencies or skills and provided such posts are duly advertised in at least three national newspapers.

(ii) For non-Nigerians, the provisions of the Public Service Rules regarding contract appointments shall apply in all cases, except for those persons married to Nigerians.

• Spouses married to Nigerians should remain on contract until granted Nigerian citizenship before being considered for permanent appointment.

020403 – 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.

020404 – (a) An appointment on contract may be terminated by the Government at any time in accordance with the terms specified in the contract itself.

(b) The termination of a contract appointment by the holder is subject to the terms of the contract and any question concerning the waiving of any of the penalty under a contract agreement shall be referred to the Office of the Head of the Civil Service of the Federation.

PSR 020405 – An officer serving on contract who desire re-engagement, shall so inform the government in writing through the Permanent Secretary/Head of Extra Ministerial offices not less than four months before his/her leave is due. In the absence of such notification it may be assumed that an officer serving on contract does not desire re-engagement.

1.8 Concept of promotion

promotion is a system of indirect recruitment i.e., filling up the higher posts by selecting able and competent persons from those, who are already in the service. For the government servant, promotion is an advancement from a lower post, class or service to a higher post, class or service involving higher duties, responsibilities and authority Kolawole, (2008). It also means elevation in the status, and increase in the salary for the employee. Mere increase in salary is not promotion. Going up or advancement in rank, status, duties, power, responsibilities and also increase in salary is referred as promotion in the civil service.

Promotion changes the rank, status, designation and salary of an employee. When a Junior Assistant becomes a Senior Assistant, a Deputy Secretary becomes a Secretary, then it is called as promotion. Promotion may mean change in the grade, i.e., from a lower grade to a higher grade in the same class. Promotion may be from lower group to higher group i.e., from group B to group A. Promotion may also be from one service to another higher service, i.e., from State Services to All India Services. It is, thus, clear that promotion may be from lower class to higher class, and lower service to higher service.

It should be remembered that transfer from one post to another post of the same status or responsibility is not promotion. Similarly annual increment i.e. annual increase in the same salary scale is also not promotion. Here, promotion means change of status as well as pay-scale.

 Principles of promotion

Igbokwe-Ibeto, (2012) stated the below listed as the major principles of promotion.

1. Principle of Seniority: Seniority means length of service in a particular post or scale or grade. It is a very simple principle. The length of service or seniority is the sole basis in making promotion. According to it, one who has longer length of service must get the promotion. The senior most person is eligible for promotion first. A seniority list can be prepared and order of precedence can be decided according to experience and age.

The principle of seniority is very simple to apply. It is most objective. It leaves no scope for favoritism or nepotism. It gives respect to age and experience. It is in accordance with the established practices in society. A younger person does not become a boss of the older and more experienced persons. It is more democratic because it gives a chance of promotion to everybody irrespective of merit.

• Principle of Merit: Principle of merit is contrary to the principle of seniority. This principle implies that the most meritorious, best qualified and most competent person must be selected for promotion to the higher post. In the civil service, higher position means more power and responsibilities, which requires more competent and hard working persons. Therefore, those who have merit and qualifications must be promoted to higher positions. Merit, therefore, must be the sole criterion for promotion. The principle of merit is accepted because able and competent persons only deserve promotions and incompetent persons should be left behind. At higher levels in administration only efficient, hard-working and meritorious persons are required. The merit principle selects the most suitable person for promotion. Energy, initiative and hard work are rewarded by merit principle. This increases efficiency and competitive spirit in the administration. It motivates the employees at the lower levels to work hard and take interest in their work.

Other rules for promotion as enshrined in the PSR

020701 – (a) Except where powers of appointment or promotion have been delegated, no promotion shall become effective until they have been approved by the Federal 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:

• 06 and below Minimum of 2 years.
• 07-14 Minimum of 3 years.
• 15-17 Minimum of 4 years.

(c) Promotion shall be made strictly on the basis of competitive merit from amongst 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 promotion, i.e. ability and competence to perform the duties and responsibilities of the higher post efficiently.

(ii) Seniority and previous records of performance will be taken into account in choosing between candidates with equal potential for promotion.

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

(d) The responsibility for the promotion of officers shall be as follows:

(i) G.L. 06 and below – by the Ministry/Extra-Ministerial Office.

(ii) G.L.07 – 14 – by the Ministry/Extra-Ministerial Office or the relevant staff pool subject to confirmation by Federal Civil Service Commission.

(iii) G.L.15-17 – by the Federal Civil Service Commission on recommendation from Ministry/Extra-Ministerial Office or the relevant pool routed through the Head of the Civil Service.

(e) Promotions are subject to satisfying minimum requirements declared by Federal Civil Service Commission and availability of vacancies.

Conclusion

Promotion is a process of filling up the vacancies indirectly from within the service. It is an integral part of the career service, which helps the competent persons to rise to higher positions in the service. It helps the government to make use of the best talents and experience of the persons who are already in the service. In most of the countries of the world merit principle of promotion has been accepted but at the same time, seniority also is given due consideration. To ensure harmony and progress in any office the office must ensure that it makes proper appointment and its promotion processes are done correctly and in accordance with extant laws.

References

Igbokwe-Ibeto, C.J. (2012). Delivering efficient public service in Nigeria through better performance management frameworks, International journal of social sciences and humanities review, III(I):182-195

Kolawole, D. (2008). From policy to result-based implementation, being the text of a guest lecture delivered on thursday 11th september., 2008 to mark the 2008 civil service week celebration held at Ado-Ekiti, Ekiti-state

Motsoeneng, R.P. (2011). Recruitment policies and practices in the department of public service and administration, unpublished M.A project department of public administration, university of South Africa.

Nickels, B, Swanepoel, B, Schenk, H, Van der Westhuizen, E & Wessels J.S (2007). South African human resource management for the public sector, Cape Town: Jut

Okoli, F. & Ona, F. (2002) Public Administration in Nigeria Nature, Principles and Application Enugu, John Jacob’s Classic Publishers.

Olagboye, D. (2005) Inside the Nigeria Civil Service. Ibadan: Daily Graphics Nigeria Ltd.

Olowu, D. (1991) Nigerian Public Administration Past, Present and the Future. Ibadan, Shaneson C.J. Ltd.

Omotade, D. (1992). Formulation and implications of personnel policy in the civil service” in A.D. Yahaya & I. C. Akinyele (eds.), new trends in personnel management: a book of reading, Badagry: Administrative staff college

Public service Rules

The Revised Civil Service Handbook