112.043. We have jurisdiction under the provisions of Article V, Section 3(b)(1) of the 1968 Constitution of Florida, as amended by S.J.R. 52-D, 1971, adopted 1972.
The salient facts of this case are as follows: Appellant was employed by the Florida Highway Patrol in 1957 and achieved permanent status after one year's service as a trooper. He remained in that position until September, 1966, at which time he resigned rather than accept a transfer to another duty station. He engaged in private employment until January, 1968, when he submitted a letter of request for reinstatement. He was reinstated as a trooper and remained as such until June of 1970, when he resigned again to accept an appointment by the Governor to fill a vacancy in the office of constable.He occupied that office until defeated in the general election of 1970. He resumed private employment after losing the office of constable, and in February, 1971, he applied for reinstatement with appellee, relying upon the provisions of Florida Administrative Code Section 22A-7.05, which states that when an employee holding permanent status in the career service (under which the Florida Highway Patrol is administered, Section 110.051, Florida Statutes) is separated from the service in good standing he may obtain reinstatement appointment to any position in the class to which he previously obtained permanent status. The appellee denied his application for reinstatement on March 10, 1971, because at the time of his application appellant was seven months over the 35 year age limit prescribed by the career service rules governing