McIlvaine v. State Police

Opinion by

President Judge Bowman,

Being tested by this mandamus action is the statutorily mandated compulsory resignation of plaintiff from the Pennsylvania State Police upon attaining sixty years of age in accordance with Section 205 of The Administrative Code of 1929,1 subsection (d), of which provides: “(d) Any member of the Pennsylvania State Police, except the Commissioner and Deputy Commissioner, regardless of rank, who has attained or who shall attain the age of sixty years, shall resign from membership in the said police force: Provided, however, That the provision of this paragraph…