Patchin

This is an appeal by plaintiff Colin Patchin from a judgment denying him a peremptory writ of mandate compelling defendants City of Oakland and its Police and Fire Retirement Board to grant his application to retire for service, pursuant to the provisions of section 241, subdivision (a), of the Charter of the City of Oakland.

The facts are without dispute. Plaintiff joined the Oakland Fire Department on June 17, 1941, and became a member of the relief and pension system then in effect. In 1951, plaintiff exercised his option, as a member of said system, to join the combined Police and Fire Retirement System which had been established by a city charter amendment on May 4, 1951. Said amendment added article XXVI (consisting of sections 233 through 252) to the charter.

On December 2, 1960, plaintiff incurred a nonservice-connected injury and was disabled as a result thereof. Immedi *861 ately following his accident, plaintiff went on sick leave at full pay for a period of 60 days and at half pay for an addi *862 tional period of 60 days. The city council then granted his request to remain on sick leave at half pay for an additional 90-day period.

On June 13, 1961, plaintiff…