New Delhi: A court here has agreed to hear a
plea of Janata Party chief Subramanian Swamy, who has sought
recovery of over Rs 19 lakh as alleged dues from IIT-Delhi
for his services there as an assistant professor between 1972
to 1991.
The court's order came while dismissing an application of
Director, Indian Institute of Technology (IIT) Delhi, who had
sought dismissal of Swamy's civil suit on the ground that his
plea was time barred and beyond the jurisdiction of the court.
"Keeping in view the discussion, application of defendant
(Director, IIT-Delhi) is hereby dismissed. The suit will progress forward from the stage immediately prior to the
passing of this order," Additional District Judge Neelam Singh
said.
The IIT Director, while opposing Swamy's plea, has said
that he has sought recovery of Rs 19.50 lakh along with an
interest of 18 per cent with effect from February 1991 and his
total claim was Rs 70.20 lakh which is beyond the pecuniary
jurisdiction of a lower court here.
It said Swamy's claim for alleged dues was constantly
denied by the IIT as he has failed to provide the details of
the amount earned from his employment for the period between
December 11, 1972 to March 27, 1991.
Swamy, who had filed the plea for recovery of his dues,
however, opposed the application by the IIT Director, saying
that he came to know about his dues only in 2009 after filing
RTI applications which revealed that the Director has
"falsely" presented the case for his dues before the Board of
Governors.
The court dismissed the application of IIT Director
saying, "At this stage, it will be immature to hold that the
suit of plaintiff (Swamy) is without any cause of action when
the averments, if taken prima facie, discloses the cause of
action in favour of the plaintiff and against the defendant
(IIT Director)."
The court has now fixed the matter for April 27 for cross
examination of witnesses in the case.
Swamy had filed the suit to recover salary and allowances
in revised grade from December 12, 1972 till May 21, 1991
along with interest at 18 per cent with effect from February
20, 1991 till the date of payment and gratuity, pension.
Swamy said that in December 1969, he was Assistant
Professor, Department of Economics at Harvard University and
had an informal interview with Director of IIT who had asked
him to start work immediately as a Professor.
He said in October 1972, he was appointed as Professor of
Economics on the unanimous recommendation of a nine-member
selection committee headed by Manmohan Singh, who is presently
the Prime Minister.
He said that through an office memo dated December 11,
1972, his appointment was illegally and with malafide motive,
terminated with effect from December 11, 1972.
After several rounds of litigation, his termination order
was declared as null and void by a court here which said that
he was entitled to be treated as continued in the service of
the IIT without interruption, he said.
However, he, through a letter in March 1991, requested
the IIT to permit him to demit the office as a Professor which
was accepted.
PTI
First Published: Sunday, February 26, 2012, 10:13