A State solicitor is claiming that the State is seeking to forcibly retire him at 65 years of age. He maintains he is entitled to continue in his post until he is 70, provided he is medically fit.
The State is arguing that Mr Charles E. Coonan, State solicitor for north Kildare and parts of north Wicklow and south Dublin, is obliged to leave his post at 65 as a matter of public policy.
Mr Coonan, who is challenging a decision by the Attorney General, Mr Michael McDowell, not to continue his appointment beyond January 31st, told Ms Justice Carroll in the High Court that he had satisfactorily carried out his functions since his appointment in 1974.
He had an expectation that he could continue in the position after 65 years, on a year-by-year basis until he reached 70, subject to evidence of good health. But when he spoke to the former Chief State Solicitor, Mr Michael Buckley, he was told he could not continue.
Later, he had spoken to the Director of Public Prosecutions, Mr James Hamilton, and the Attorney General. The DPP had told him there was a new policy relating to the retirement of State solicitors at 65 in order to give younger people an opportunity to do the job.
The AG and the DPP are expected to give evidence today.