The Supreme Court yesterday dismissed an appeal by the State against an award of £100,000 damages and costs to the State Solicitor for North Kildare and Wicklow, who had been told he could not remain in that position after the age of 65.
Mr Charles Coonan (65) sued the Attorney General and Ireland after being compelled to retire and in January last won his action in the High Court.
In the High Court, Ms Justice Carroll said she considered the treatment Mr Coonan received was "indefensible" and added: "In human terms, it was brutal news to be told after giving 26 years' faithful service to the State."
The State's appeal was dismissed on a 2-1 majority of the three Supreme Court judges.
Giving the majority judgment, Mr Justice Geoghegan said it must surely have been an attractive feature for most applicants for state solicitorships over the years that they would have the expectation, or at the very least, the reasonable hope that they could remain in the job until 70.
Mr Justice Geoghegan said he was firmly of the opinion that the Attorney General had been in breach of contract and he agreed with the view of the trial judge that the only practical remedy now was damages.