According to the petition, filed by Vasudev V Vyas, former professor with the R A Podar Medical College (Ayurvedic), Worli, teachers in government medical colleges retire at 58 while those in private institutions as well as teachers in government Arts, Science and Commerce streams are allowed to continue in service till the age of 60. Claiming that this disparity amounts to discrimination, Vyas filed the petition on September 4.

According to the petition, admitted on December 7, teachers in both government and non-government colleges are privy to the same pay scales, pension, provident fund and other benefits. Their qualifications are also the same. Despite this, teachers in government medical colleges have to retire two years earlier than their counterparts in private institutions, the petition pointsout.

Vyas, who was professor and also head of Nidan-Panchak and Sanskrit, Samhita and Sidhanta departments of Podar College since 1955, retired at the age of 58 in August 1991.

Pointing out that all government employees retire at the age of 60, Vyas approached the Maharashtra Administrative Tribunal (MAT) against the decision to superannuate him at the age of 58. However, the MAT dismissed his application along with a number of similar applications, by an order dated July 24, 1997. Vyas then approached the Bombay High Court.According to Vyas's petition, the government is continuing with its ``discriminatory treatment'' of members of the Ayurvedic faculty despite the fact that the HC has passed several judgements against the move to retire teachers at 58.

A writ had been filed before the Nagpur bench of the Bombay High Court in 1980, challenging the government's move to retire teachers at 58. In an order dated July 24, 1989, the HC concluded that the retirement age of government teachers should also befixed at 60. The State Government filed an appeal against this in the Supreme Court but no stay was granted.

According to Vyas's petition, the government has complied with the order of the Nagpur bench of the HC only partially. The state issued orders increasing the age of superannuation of government college teachers from 58 to 60 years in Arts, Science, Commerce and Education faculties. At the same time, teachers in the Ayurvedic faculty were deprived of the benefit on the ground that they could ``not be treated on par with other faculties of education''.

Moreover, in another judgement on July 23, 1990, the Bombay High Court held that if government medical college teachers are treated differently, it would amount to discrimination.

On these grounds, the petitioner has sought a court directive to the government to make the the HC order applicable to Ayurvedic teachers as well.Vyas has also urged that his wages be paid till August 1993 and not August 1991, and that he receive his retirement benefitsconsistent with employment till August 1993.