30 A.2d 503 | N.J. | 1943
The relator is and has been a policeman in the City of Hoboken continuously since September 1st, 1916. He is over fifty years of age. He has applied for retirement at half pay under the provision of N.J.S.A.
In the absence of such legislation under the clear mandate of the statute, supra, relator has a right to retirement and there is no discretionary right in the respondent to deny the application or to withhold action thereon.
We conclude that the relator's right to a peremptory writ ofmandamus is clear and it will be issued.