Swamy fighting long battle for arrears

BJP leader and former Indian Institute of Technology (IIT), Delhi, faculty Subramanian Swamy has been fighting a long battle to get his arrears, including salary and other allowances, since he was terminated on December 11, 1972, by the institute.

He was appointed a visiting faculty at IIT-D by a nine-member selection committee headed by Manmohan Singh on April 22, 1970. He was later elevated to the post of professor of economics in October 1971.

The elevation put Swamy on a year’s probation.  He objected to this on the ground that he had already been working for 21 months with the institute. The board of governors of the institute, however, rejected his claim and asked him to complete the probation period.

During probation, the institute terminated Swamy all of a sudden on December 11, 1972, prompting him to move court to challenge the decision. He first filed a writ petition with Delhi High court, which was “dismissed as withdrawn”.

As the institute subsequently sent him a notice of eviction from premises on February 9, 1973, Swamy filed a civil suit at a district court in Delhi, praying for a declaration that he continued in the service of the IIT, and seeking injunction from dispossession of premises. The court, however, dismissed his petition on “preliminary issues”.

Swami filed an appeal with a Court of Additional District Judge on May 20, 1976, which too was dismissed on September 17, 1982.

Swami, however, got relief from court later when he filed a revision petition challenging the September 17 order. Hearing his case, the Sub-Judge of a Delhi court declared his termination null and void on February 20, 1991. The court also declared that he was entitled to be treated as “continued in the service” of the IIT “without interruption as professor in economics”.

Following the court’s decision, Swami joined IIT on March 27, 1991, and resigned in the evening on the same day.

On March 18, 1992, Swami wrote to the IIT demanding detailed accounts of amount due to him from December 11, 1972, to March 27, 1991.

Responding to a legal notice from Swamy, the IIT on January 28, 1993, informed him that proceedings had been initiated with regard to settlement of his dues.

The institute also sought details of the emoluments that he earned while working with Harvard University during the period of his suspension. 

As per the Fundamental Rules of the Service, Swamy was required to furnish details of his earnings while working with Harvard University in order to enable the institute to settle his dues.

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