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.
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.
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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Congratulations ! You win is deserved. I salute you for the perseverance. Make the cronies pay as well.
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!
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?
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.
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.
I meant to write taxpayer.
congratulatios swami ji. bhrigupandit
# If it was any other Common Man, he would have been ruined, by this time.Who Cares?
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?
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.
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
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.
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.
What is punishment given to arrogant people?
Thanks for the comment.... Suppose He did some business and lost 5 crore,,, Does IIT will pay for that?????