Whitehead

petitioner having served twenty-five years in the fire department of the city of Oakland, from and after May 12, 1896, applied on October 17, 1921, to the respondents for an order retiring him upon half the pay of the chief of the fire department, a position he held one year before the application for retirement. The respondents having refused the application, petitioner seeks a writ of mandate to compel the making of such order. The petitioner began his connection with such department as an extra man. On July 1, 1915, he was appointed chief of the fire department and served until July 1, 1921, when he was appointed battalion chief, the position which he occupied at the time of his advancement to the position of chief of the fire department. He continued to serve as battalion chief and while such chief made his application for retirement and pension. It is contended that the provisions of article XV, section 102 of the Oakland charter (Stats. 1919, p. 1364) are not retroactive, and therefore petitioner, not having served twenty-five years from and after the date of the adoption of the amendment to the charter, is not entitled to retirement under this section.

It is not disputed…