Winston v. New Mexico State Police Board

OPINION

NOBLE, Chief Justice.

Pursuant to a regulation adopted by the State Police Board April 26, 1967, effective June 1, 1967, A. P. Winston, then 57 years of age, was involuntarily retired as a state police officer because he had completed thirty years of service. In a declaratory judgment proceeding, the trial court declared the Board to be without lawful authority to require Winston’s involuntary retirement prior to his attaining the statutory mandatory retirement age of 61, and permanently enjoined and restrained the Board from attempting to enforce the retirement order. The State Police…