Rigley

—This is a proceeding under section 1094.5 of the Code of Civil Procedure to review the decision of a retirement board denying the application of a member of the retirement system for a service connected disability retirement allowance.

Willard A. Rigley, petitioner-respondent, was a safety member of the San Diego County Employees ’ Retirement System for more than five years, having served as a deputy sheriff of that county for 23 years; became permanently incapacitated for the performance of duty because of heart trouble; applied for a service connected disability retirement allowance, which was denied by the Board of Retirement of the San Diego County Employees’ Retirement Association, appellant ; was awarded a nonservice connected disability retirement allowance; and brought the instant proceeding to require the Board to grant him a service connected allowance.

The trial court entered judgment ordering issuance of a peremptory writ of mandamus commanding the Board to set aside its decision denying petitioner’s application for a service connected disability retirement allowance and to grant him such allowance effective August 23, 1965. The Board appealed from this judgment. We…