Shivani Garments v. The Secretary to Government

ORDER The petitioner challenges the communication dated 28.06.2024 issued by the 2nd respondent, whereby the petitioner's claim for reimbursement of the stipend amount payable in respect of 40 students was rejected.

¶2The petitioner is running a small garment unit under the name and style of "Shivani Garments" and is engaged in imparting tailoring training to students. The petitioner's establishment was recognised under the Tamil Nadu Skill Development Corporation to provide training under the Amma Skill Training and Employment Scheme, 2020-2021. By communication dated 16.09.2020, the 3rd respondent sanctioned the petitioner's institution to impart training to 40 students for a period of three months. The stipend payable to the students under the Scheme was to be released by the 2nd respondent.

¶3The communication dated 16.09.2020 issued by the 3rd respondent enclosed the list of 40 students who were to undergo training with the petitioner. Page3 of 7 The training programme was to be monitored by the 2nd respondent. Under the Scheme, every eligible student is entitled to receive a stipend. The petitioner, after imparting the training, was required to disburse the stipend to the students upon receipt of the reimbursement from the 2nd respondent.

¶4After completion of the training programme, the petitioner sought reimbursement of the stipend amount. The claim was rejected on the ground that an incorrect course code had been entered while processing the claim. The petitioner preferred an appeal before the respondents. Thereafter, the respondents themselves admitted that the wrong course code had been entered and the same was subsequently corrected, as is evident from the communication dated

24.06.2022 issued by the 3rd respondent to the 2nd respondent. However, the claim was still rejected on the ground that it had been made belatedly. Since the petitioner's appeal was not considered, the petitioner filed W.P. No.8851 of 2024. By order dated 02.04.2024, this Court directed the respondents to consider the petitioner's representation dated 07.03.2024 without expressing any opinion on the merits. Pursuant thereto, the 2nd respondent passed the impugned order rejecting the petitioner's claim.

¶5Heard the learned counsel for the parties and perused the materials available on record. Page4 of 7

¶6It is not in dispute that, by communication dated 16.09.2020, the 3rd respondent authorised the petitioner to impart training to 40 students in the Sewing Machine Operator course for a period of three months. After successfully completing the training, the petitioner submitted a claim for reimbursement of the stipend amount. The claim was rejected on the ground that the course code furnished related to a training programme that had ended in 2018 and, therefore, the petitioner was not entitled to reimbursement.

¶7However, the 3rd respondent, by communication dated 24.06.2022 addressed to the 2nd respondent, clarified that the training imparted by the petitioner was under Course Code AMH/Q0301 and that the training period was from 21.09.2020 to 21.12.2020. The 3rd respondent specifically confirmed that the petitioner had conducted the training under the said course and was entitled to reimbursement of the stipend amount. Despite this clarification and correction of the course code, the petitioner's claim continued to be rejected.

¶8In view of the above, this Court is of the considered opinion that once the 3rd respondent has rectified the course code and confirmed that the petitioner had imparted training to 40 students under the Amma Skill Training and Employment Scheme, 2020-2021, the petitioner cannot be denied reimbursement of the stipend amount on the ground of an error committed by the respondents themselves. Accordingly, the impugned order dated 28.06.2024 is liable to be set aside. Page5 of 7

¶9Accordingly, the writ petition is allowed. The impugned order dated

28.06.2024 passed by the 2nd respondent is set aside. Respondents 2 and 3 are directed to reimburse the eligible stipend amount payable to the petitioner for the training imparted to 40 students pursuant to the communication dated 16.09.2020 issued by the 3rd respondent, within a period of eight weeks from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs. 08-07-2026 Index: Yes/No Speaking/Non-speaking order ak To

¶1The Secretary To Government Department Of Industries And Commerce, (micro, Small Medium Enterprises Department) Government Of Tmail Nadu Namakkal Kavignar Maaligai Fort St George Chennai 600 009 Page6 of 7

¶2The Managing Director Tamil Nadu Skill Development Corporation Deparatment Of Employment And Training 8th Floor Chennai Metro Rail Limited Building (Chennai Metros) No 327 Anna Salai Nandanam Chennai 600 035

¶3The General Manager District Industries Centre Collectorate Master Plan Complex, Tiruvannamalai District 606 604 Page7 of 7

HEMANT CHANDANGOUDAR, J. ak 08-07-2026

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.P.No. 5228 of 2025 Shivani Garments Rep By Its Proprietor, Mrs. M.Pitchaimani, W/o Mr. S. Adhimulam, No 169/1, Puliyanthoppu Kilkuppam Village And Post, Kalasapakkam Taluk Tiruvannamalaia District 606 705 ..Petitioner(s) Vs 1. The Secretary To Government Department Of Industries And Commerce, (micro, Small Medium Enterprises Department) Government Of Tmail Nadu Namakkal Kavignar Maaligai Fort St George Chennai 600 2. The Managing Director Tamil Nadu Skill Development Corporaiton Deparatment Of Employment And Training 8th Floor Chennai Metro Rail Limited Building (chennai Metros) No 327 Anna Salai Nandanam Chennai 600 035 3. The General Manager District Industries Centre Collectorate Master Plan Complex Tiruvannamalai District 606 604 ..Respondent(s) Page2 of 7 Writ Petition is filed under Article 226 of Constitution of India, calling for the records and quashing the impugned order passed by the second respondent herein dated 28.06.2024 vide Procs. No 4163 / SDC - 10 / 2024 and pass orders For Petitioners: Mr. N Kumar Rajan For Respondents: Mr.M.Sivavarthanan, Government Counsel