McIlvaine v. Pennsylvania State Police

Opinion by

Mr. Justice Pomeroy,

In July, 1970, appellant Joseph Mcllvaine, having reached the age of sixty, was involuntarily retired from the Pennsylvania State Police after some 37 years of service. In all respects other than his chronological age, appellant was admittedly suitable for continued employment. His dismissal was by the Commissioner of Police, acting pursuant to Section 205 of the Adminis*131trative Code of 1929, Act of April 9, 1929, P. L. 177, 71 P.S. §65(d).1 Shortly after dismissal, appellant filed a petition for declaratory judgment in the Commonwealth Court, praying that the…