State Civil Service Commission & Anor V. Alexius Ikechukwu Buzugbe (1984)

LawGlobal-Hub Lead Judgment Report

ANIAGOLU, J.S.C. 

An incident occurring towards the end of a thirty years career of the respondent who was a Civil Servant under the Bendel State Government produced a chain reaction which has sparked off these proceedings in which the respondent, Alexius Ikechukwu Buzugbe sued the Bendel State Civil Service Commission and the Bendel State Head of Civil Service claiming:

“(a)A declaration that he has duly retired from the Public Service of Bendel State as Administrative Officer Grade I on annual salary of N11,328.

(b) A declaration that the purported reduction in rank of the plaintitf from Administrative Officer Grade 1 to Administrative Officer Grade II was and is unlawful, null and void.

(c) A declaration that the plaintiff is entitled to be paid all his dues on voluntary retirement as Administrative Officer Grade 1 on salary grade level 15 and that is to say N11,328 per annum.

(d) An order for the payment of all his correct dues. N29,932 Gratuity and N566.40 monthly pension worked out as follows:

GRATUITY

Normal Salary N11,328 per annum

Reduced Salary 9,168 per annum

Normal Gratuity N28,320 N28,320.00

Reduced gratuity 22,920

Resultant loss 5,400

Annual leave entitlement 5,400

Payment in lieu of Preretirement 196 196 1,416.00