Subramanian Swamy wins his 47-year old legal battle with IIT-Delhi; to get more than Rs.40 lakhs

In what could arguably be one of the longest ever legal battles, Swamy wins his illegal termination from IIT-Delhi

In what could arguably be one of the longest ever legal battles, Swamy wins his illegal termination from IIT-Delhi
In what could arguably be one of the longest ever legal battles, Swamy wins his illegal termination from IIT-Delhi

In one of the longest service cases in the history of India, after 47 years of legal battle with the Indian Institute of Technology (IIT), Delhi, BJP leader and former Professor of the IIT, Dr. Subramanian Swamy got his salary dues with 8% percent interest. Swamy, who was Professor of Economics, was terminated from IIT in 1972 without notice due to the animosity with the then Prime Minister Indira Gandhi. She was annoyed over the young professor’s articles advocating market economy and criticizing her economic policies that were dictated by the Soviets. The Left academicians also hated Swamy, simply for his ideology.

Dr. Roxna Swamy was also sacked

Along with Swamy, the IIT sacked his wife Roxna too, who was teaching Mathematics on a contract basis and evicted them from the staff quarters. Swamy was selected as a Professor in IIT in 1969 by the then selection chairman Dr. Manmohan Singh (it is a small world). Actually, Swamy came to India, leaving Harvard on the promise of an appointment in Delhi School of Economics by the then head of the institution Amartya Sen. But Sen changed his mind after the protests of Left academicians. It was the former Prime Minister, Manmohan Singh who came to Swamy’s rescue and appointed him at the IIT-Delhi as a Professor of Economics. But Swamy’s arguments and articles for market economy invited the wrath of Prime Minister Indira Gandhi leading to his sudden termination.

Jaitley was cunningly misquoting a rule for government officials who were taken back to service which was not applicable to IIT.

From then on Swamy was fighting the case against the illegal termination, though he joined active politics as Jan Sangh’s Rajya Sabha Member of Parliament (MP) from 1974 and continued to teach at Harvard University during the summer semester. In February 1991, the trial court declared the termination of Swamy as null and void and he joined the IIT back as Professor for one day and the next day he resigned. The legally sharp Swamy claimed his salary dues from 1972 to 1991 and all his enemies in politics played all kinds of tricks to delay the case and tried to block his eligible salary dues.

Ram Jethmalani and Arun Jaitley

Advocate Ram Jethmalani was an arch-rival of Swamy in those days (they are friends now). Jethmalani was making all kinds of threats oral and written, to the IIT authorities, if they decided to pay salary dues. The Left academicians were also in it, trying to prevent payments. Jethmalani even declared that those who favour Swamy’s case in IIT would face criminal prosecution! Curiously, in 1993, Jethmalani’s then legal associate Arun Jaitley provides a “legal opinion” to the IIT. The opinion said that Swamy is entitled to dues but with a mischievous clause. The clause said that before settling dues, Swamy should declare to IIT about how much he earned from Harvard and other areas after the illegal termination till 1991 and that this amount should be deducted from IIT’s dues!

Many times, while making his arguments, Swamy ridiculed IIT for bringing up Jaitley’s mischievous legal opinion, which was not applicable to IIT’s rules. Swamy argued that if his earning from Harvard was considered, he has to pay back to IIT. Till 2019, the IIT’s advocates harped on Jaitley’s 1993 mischievous opinion, which always erupted in laughter in the Court. During Swamy’s arch-rival Atal Bihari Vajpayee’s tenure, IIT’s Board of Governors played all kinds of tricks to avoid taking a decision in this case and UPA’s Education Minister Kapil Sibal also banked on Jaitley’s fraudulent advice.

Jaitley was cunningly misquoting a rule for government officials who were taken back to service which was not applicable to IIT. During Narendra Modi’s regime, Education Minister Smriti Irani and Prakash Javadekar directed IIT to settle the cases with Swamy and pointed out that this frivolous argument will cost a lot of interest money to the public exchequer. Irani and Javadekar suggested an out-of-court settlement with Swamy. Somehow IIT mysteriously continued its legal battle with Swamy and ultimately got slapped by the Court on Monday (April 8, 2019).

After hearing the case for many years, Additional District Judge Vineeta Goyal delivered judgment on one of the longest service cases by providing 8% interest of salary dues to Subramanian Swamy. According to Swamy’s assisting lawyers, calculating the interest of salary dues from 1972 to 1991, Swamy is expected to get more than Rs.40 lakhs from the IIT. Though this is a genuine service case, the twists and delays in the case leading to 47 years shows how uncouth some people are in keeping enmity and rivalry in each and every area.

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  1. I am curious to know the details like pleadings of Dr Swami, IIT response (WS), issues framed in the case, arguments and the legal provisions invoked. Swami won because he didn’t have to engage a 77 Lakh rupee fee charging lawyer. Incidentally, a single word “mischievous” seems to have created bad blood between Jaitley and Swami, but Jaitley was only repeating the orders of the D/o Personnel, applicable to central government employees. IITs are governed by the same rules excepting those about “consultancy” for IIT professors. By the way, the D/o Per has created so much business for Swamy Publications and CAT lawyers by issuing several orders which even the D/o Per does not understand. If one knows how to pull wires with the d/o P any rule can be interpreted in any way. As it is all on a case to case basis, nobody knows about it excepting Swami publication!

  2. Operative part of judgment says” ….plaintiff is entitled for recovery of Rs. 8,58,585/- towards arrears of salary and allowances in revised grade from 12.12.1972 till 21.05.1991 along with interest @ 8% p.a. from date of filing of suit(2016) till its realization..”
    “There would be no interest paid for the period before the filing of suit because the plaintiff at his own volition was pursuing the matter with employer and other higher authorities.”

    Is this justice?

  3. once in a blue moon in India….. just like Haley’s comet…. real Merit wins cheap desi mumbai university type nepotism and politics…. true inspiration for whoever is struggling to fight desi nepotistic culture. unfortunately government of India as it is by its nature….. did not add the inflation factor in… calculating ??Doctor Swami ‘s ??salary…. should be 50 lakh rupees + inflation + interest.

  4. While congratulating Dr. Swamy for finally asserting his rights as a citizen, let us note how sad it is that each of these abuses of power costs the taxman and not the perpetrator! We need to change some laws and remove immunity for public officials in some egregious cases.

  5. Everybody speaks of democracy,justice bin samradayik and so many things but not judicial system and no oil against late justice.can we not think of it?

  6. Mixed reactions

    1. Dr.Swami is a good thing. Congrats
    2. Calling Jaitley’s proposal mischievous is unconvincing. If Swami worked elsewhere, why claim the compensation except for defamation and stress related? He could obviously not work in two places. If his salary hot hit, then there is reason to claim the difference.
    3. If it took this long for Swami himself, imagine the plight of the others depending on the judicial system
    4. Hope other cases he has taken up get closure sooner so the crooks are brought to book.

    • This is a general reply to all those questioning the rules – GOI rules DO NOT apply to IITs. Please read the entire article and then comment. Speed reading can be injurious to your ego.

    • As per IIT rules, he could deliver lectures at any place including Harvard. Instead of appreciating his networth you are being as mischievous as Jaitley who did not know rules of IIT. Please donot expose yourself by giving such arguments

  7. I for one think this article is biased towards Dr. Swamy, the appealed deduction sounds logical: he could not had been professors at both the places. Can you explain how was the argument countered? Thanks.

    • court decides on what is legal, not what anyone thinks is logical/emotional

      the settlement is a punishment for arrogance of people in power to think about. just because the person found another job does not nullify the agony hardship and defamation faced by that person.

  8. Why can not our Jurassic judicial system learn from America. The present system is heavily loaded in favour of criminals. Criminals can not be punished for 40+ years while honest people will suffer for delayed justice.

  9. Subramanian Swamy wins his 47-year old legal battle with IIT-Delhi; to get more than Rs.40 lakhs.

    47 years of legal tango speaks volumes how unaccountable indian judiciary works in the country!
    This 8% interest must be collected from Modi’s bosom friend, philosopher, (English and Hindi tongue lashing against Cong-I expert) Arun Jaitley and Kapil Sibal the dynasty cabal.

  10. Truly longest. How can a case prolong for so long. That also case of a lawyer. Congrats Swamiji. You truly deserve

  11. I am a victim of IIT-Madras high handedness. IIT’s are autonomous and not answerable to anybody. Director makes or breaks career and life of the employees (Non teaching)
    I retired as Dy.Registrar (Finance) on 30-04-2009. After my retirement Chairman BOG/Board of Governors have sanctioned/Approved certain benefits to me. None of them were implemented. All the related sanctions/approvals were suppressed and i was denied benefits.
    Not confident of handling mighty IIT-Madras, I approached, Honourable chief justice Madras High court. He was kind enough to refer my case to Tamilnadu State Legal Services Authority.The case was discussed by High court legal services committee and the case along with draft writ petition (submitted by me) was referred to B.Vijayakumar Advocate chamber 214, New chambers, High court buildings, Chennai 600104.( Ref No.B/668/17/17 Dated 20-12-2017). I contacted my advocate on 26-06-2018 over phone and explained my position. Further i had sent a details of my case on 26-06-2018 along with all the supporting documents. All the details are available with Sri B.Vijayakumar.
    My grievance
    1. Institute has blocked all the sanctions given by the Chairman Board of Governor. Even pension sanctioned (as a special case was denied)
    2.Ruining my retired life and post retirement career.
    3.Giving partial and evasive and wrong replies to my RTI applications of 31-05-2013 and 18-06-2013
    4.Suppressing various sanctions given by Chairman Board of Governors relating to me.
    5.Suppressing the note (DT.12-03-2009) initiated by Registrar Dr.Panchalan seeking approval from Chairman BOG to implement my eligible scale) and placing me in the lower scale than my eligible scale.
    6. Not responding to my grievance applications given to
    (a) Chairman BoG and members Bog (17-06-2015)
    (b) Past Chairman BoG (15-09-2015)
    (c) Visitor, Honourable president of India Ref.PRESEC/A/2016/09293
    (d) Honourable Prime Minister of India Ref.PMOPG/E/2016/0406430
    (e) MHRD Administrative ministry oh IITm Ref.DSEHE/A/2016/10066
    7. discriminating between me and Dr.K.Panchalan (retired Registrar IIT-Madras in imlementingsanctios given Chairman BOG.
    Considering the stature of IIT-M, It is very difficult for the Institute accept what i say. Moreover all the documents are with the Institute. They can deny existence of such papers.
    Had the institute implemented at least one benefit, my retired life would have been different.
    Sorry for using this forum for my personal grievance. I did not find any other way to ventilate my grievance.
    Hope something positive happens before it is too late. I am already 70 years of age.

  12. Think no one has done so much service to the nation post independence as much as Dr. Swamy did. Dr. Swamy is destined by Gods to give access to all religious landmarks – earlier it was Mansarovar & now Ayodha Temple. God has already blessed him, second blessing will be Ayodha, third one would be God waiting for him at Heaven’s door….A lifetime achievement….

  13. He is worth much more. He should have been paid at least Rs. 10 crore for his perseverance. I just feel like falling at his feet to take his blessings.

  14. The same Pakipanjabi, Bangad, n- All sewer genetic lumpens of worst order created by worst white skinned demonic deranged criminal and equally debauched white d..k worshipping Pakipanjabi, bangali sl..ts and christos (Portuguese, syrians, Brits and their created bstds same as above), and IRANIAN WHITE RACIST PARSI JUDGES would have decided a case concerning Hindus, in minutes.
    Another long running case is Anti Sikh riots 40 years, while Bail to White skin sonia (whome these thug, pedophile judges worship) ABHISEX MANUSINGHVI Casting Couch passouts, will be endless
    Because SCI= Supreme Ch..tyas of Italian, is filled with Pakipanjabi, Bangad and these Christian judges while NO NATIVE INDIAN JUDGE MADE IT..JUSTICE MISHRA WAS HARRASED BY THE PAKISTANI MADDOGS SIBAL, TANKHA AND GROVER AND THE XTIAN PORTUGUESE FROM KERALA because he was a NATIVE INDIAN.SCI needs to be shaken and these outsiders banned from ANY CONSTITUTIONAL POSITIONS, offcourse Ranjan Gogoi, son of a Keshab Chandra Gogoi-the barbaric butcher of Assamese, who butchered 10000 Assamese for Bdeshis in Police firings in infamous Assam elections of 1982 HAS A BLOODY WHITE BRIT CHRITSIAN MOTHER ALSO..Its a WAR BETWEEN SANGHIS (100% INDIANS WHOSE WITH KNOWN PARENTAGE) AND FIRANGIS (INCLUDING BSTDS CREATED BY FIRANGIS, WHOSE 2 GENS ARE ALSO NOT SURE–ALL WHITE/”PHOREN”SPERN FDI, who know their mothers but not fathers)..HARAMI vs HINDUSTANI

    • Sir my name is p. Ravi Kumar my employment case is also same as Dr. Subhramanyam swamy garu illegally terminated from service without any notice and without any fault and after several hard efforts i was rejoined in service but management refusing to pay my original basic pay and the amount due to me for the time i was not taken to duties without suspension or termination or punishment. Iam working in visakhapatnam port trust

  15. Mr. Swamy being a legal luminary himself, if he has faced such legal hurdles, imagine the plight of thousands of citizens of this country who have faced such service battles in courts & have laid down their lives in futile chase of justice.


  17. 47 years?
    The money should come out of the pockets of those responsible for their irresponsible behavior of not acting in time, including the judges and iit management.


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