Dismissing a plea of the Indian Institute of Technology-Delhi, a court has accepted a plea of Janata Party chief Subramanian Swamy seeking recovery of his dues earned while serving there as an assistant professor 1972-1991.
Additional District Judge Neelam Singh dismissed the plea of IIT-D seeking 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 (Swamy’s) suit will progress forward from the stage immediately prior to the passing of this order,” the judge in the order Friday.
The court listed the matter for cross examination of Swamy’s witnesses Apr 27.
Swamy had filed the suit for recovery of his salary and allowances in revised grade from December 1972 till May 1991 along with interest at 18 percent with effect from February 1991 till the date of payment and and his gratuity and pension.
He had told court that he came to know about his dues only in 2009 after filing RTI (Right to Information) applications.
The IIT-D, while opposing Swamy’s plea, has said that he has sought recovery of Rs.19.50 lakh along with interest and his total claim was Rs.70.20 lakh which is beyond the pecuniary jurisdiction of the court.
Dismissing the director’s plea, the court said that at this stage, it will be immature to hold that the suit of Swamy is without any cause of action.