McIlvaine v. Pennsylvania State Police

*134Dissenting Opinion by

Mr. Justice Roberts :

After thirty-seven years of service to the Commonwealth, Joseph Mcllvaine was involuntarily retired. The majority concedes that “appellant was admittedly suitable for continued employment.” Nevertheless, in adopting the opinion of the Commonwealth Court, the majority upholds Mcllvaine’s dismissal. It is undisputed that the sole reason for appellant’s discharge was the fact that he had attained the age of sixty. I cannot join in this arbitrary termination of a concededly competent public servant.

I agree with the majority that in view of the rather…