Beynon v. SCRANTON

Opinion by

Hoffman, J.,

The single issue in this case is whether the Director of Public Safety of Scranton may lawfully promulgate an order which provides for the retirement of all policemen and firemen at the age of sixty-five.

On September 8, 1967, the Director of Public Safety of Scranton issued an order directing the retirement of all policemen and firemen who reach their sixty-fifth birthday. Each of the five policemen-appellees was over sixty-five at the time and was dismissed from his position with the City. Subsequently, they filed this action in mandamus seeking payment of their…