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2025 DAILYLAW 8356 (MAD)

SHIVANI GARMENTS v. THE SECRETARY TO GOVERNMENT

WP/4708/2025 · 2026-07-08

Hemant Chandangoudar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W P N o. 4708 of 2025 __________ Page1 of 7 IN TH E H IG H C O U R T O F JU D IC A TU R E A T M A D R A S DATED: 08-07-2026 C O R A M THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR WP No. 4708 of 2025 and W.P.No. 5228 of 2025 Shivani G arm ents R ep B y Its Proprietor, M rs. M .Pitchaim ani, W /o M r. S. A dhim ulam , N o 169/1, Puliyanthoppu K ilkuppam V illage A nd Post, K alasapakkam Taluk Tiruvannam alaia D istrict 606 705 ..Petitioner(s) V s 1. The Secretary To G overnm ent D epartm ent O f Industries A nd C om m erce, (m icro, Sm all M edium Enterprises D epartm ent) G overnm ent O f Tm ail N adu N am akkal K avignar M aaligai Fort St G eorge C hennai 600 009 2. The M anaging D irector Tam il N adu Skill D evelopm ent C orporaiton D eparatm ent O f Em ploym ent A nd Training 8th Floor C hennai M etro R ail Lim ited B uilding (chennai M etros) N o 327 A nna Salai N andanam C hennai 600 035 3. The G eneral M anager D istrict Industries C entre C ollectorate M aster Plan C om plex Tiruvannam alai D istrict 606 604 ..R espondent(s) https://www.mhc.tn.gov.in/judis W P N o. 4708 of 2025 __________ Page2 of 7 W rit Petition is filed under A rticle 226 of C onstitution of India, calling for the records and quashing the im pugned order passed by the second respondent herein dated 28.06.2024 vide Procs. N o 4163 / SD C - 10 / 2024 and pass orders For Petitioners: M r. N K um ar R ajan For R espondents: M r.M .Sivavarthanan, G overnm ent C ounsel ORDER The petitioner challenges the com m unication dated 28.06.2024 issued by the 2nd respondent, w hereby the petitioner’s claim for reim bursem ent of the stipend am ount payable in respect of 40 students w as rejected. 2. The petitioner is running a sm all garm ent unit under the nam e and style of “Shivani G arm ents” and is engaged in im parting tailoring training to students. The petitioner’s establishm ent w as recognised under the Tam il N adu Skill D evelopm ent C orporation to provide training under the A m m a Skill Training and Em ploym ent Schem e, 2020-2021. B y com m unication dated 16.09.2020, the 3rd respondent sanctioned the petitioner’s institution to im part training to 40 students for a period of three m onths. The stipend payable to the students under the Schem e w as to be released by the 2nd respondent. 3. The com m unication dated 16.09.2020 issued by the 3rd respondent enclosed the list of 40 students w ho w ere to undergo training w ith the petitioner. https://www.mhc.tn.gov.in/judis W P N o. 4708 of 2025 __________ Page3 of 7 The training program m e w as to be m onitored by the 2nd respondent. U nder the Schem e, every eligible student is entitled to receive a stipend. The petitioner, after im parting the training, w as required to disburse the stipend to the students upon receipt of the reim bursem ent from the 2nd respondent. 4. A fter com pletion of the training program m e, the petitioner sought reim bursem ent of the stipend am ount. The claim w as rejected on the ground that an incorrect course code had been entered w hile processing the claim . The petitioner preferred an appeal before the respondents. Thereafter, the respondents them selves adm itted that the w rong course code had been entered and the sam e w as subsequently corrected, as is evident from the com m unication dated 24.06.2022 issued by the 3rd respondent to the 2nd respondent. H ow ever, the claim w as still rejected on the ground that it had been m ade belatedly.Since the petitioner’s appeal w as not considered, the petitioner filed W .P. N o.8851 of 2024. B y order dated 02.04.2024, this C ourt directed the respondents to consider the petitioner’s representation dated 07.03.2024 w ithout expressing any opinion on the m erits. Pursuant thereto, the 2nd respondent passed the im pugned order rejecting the petitioner’s claim . 5. H eard the learned counsel for the parties and perused the m aterials available on record. https://www.mhc.tn.gov.in/judis W P N o. 4708 of 2025 __________ Page4 of 7 6. It is not in dispute that, by com m unication dated 16.09.2020, the 3rd respondent authorised the petitioner to im part training to 40 students in the Sew ing M achine O perator course for a period of three m onths. A fter successfully com pleting the training, the petitioner subm itted a claim for reim bursem ent of the stipend am ount. The claim w as rejected on the ground that the course code furnished related to a training program m e that had ended in 2018 and, therefore, the petitioner w as not entitled to reim bursem ent. 7. H ow ever, the 3rd respondent, by com m unication dated 24.06.2022 addressed to the 2nd respondent, clarified that the training im parted by the petitioner w as under C ourse C ode A M H /Q 0301 and that the training period w as from 21.09.2020 to 21.12.2020. The 3rd respondent specifically confirm ed that the petitioner had conducted the training under the said course and w as entitled to reim bursem ent of the stipend am ount. D espite this clarification and correction of the course code, the petitioner’s claim continued to be rejected. 8. In view of the above, this C ourt is of the considered opinion that once the 3rd respondent has rectified the course code and confirm ed that the petitioner had im parted training to 40 students under the A m m a Skill Training and Em ploym ent Schem e, 2020-2021, the petitioner cannot be denied reim bursem ent of the stipend am ount on the ground of an error com m itted by the respondents them selves. A ccordingly, the im pugned order dated 28.06.2024 is liable to be set aside. https://www.mhc.tn.gov.in/judis W P N o. 4708 of 2025 __________ Page5 of 7 9. A ccordingly, the w rit petition is allow ed. The im pugned order dated 28.06.2024 passed by the 2nd respondent is set aside. R espondents 2 and 3 are directed to reim burse the eligible stipend am ount payable to the petitioner for the training im parted to 40 students pursuant to the com m unication dated 16.09.2020 issued by the 3rd respondent, w ithin a period of eight w eeks from the date of receipt of a copy of this order. C onsequently, the connected m iscellaneous petition is closed. There shall be no order as to costs. 08-07-2026 Index: Y es/N o Speaking/N on-speaking order N eutral C itation: Y es/N o ak To 1. The Secretary To G overnm ent D epartm ent O f Industries A nd C om m erce, (m icro, Sm all M edium Enterprises D epartm ent) G overnm ent O f Tm ail N adu N am akkal K avignar M aaligai Fort St G eorge C hennai 600 009 https://www.mhc.tn.gov.in/judis W P N o. 4708 of 2025 __________ Page6 of 7 2. The M anaging D irector Tam il N adu Skill D evelopm ent C orporation D eparatm ent O f Em ploym ent A nd Training 8th Floor C hennai M etro R ail Lim ited B uilding (C hennai M etros) N o 327 A nna Salai N andanam C hennai 600 035 3. The G eneral M anager D istrict Industries C entre C ollectorate M aster Plan C om plex, Tiruvannam alai D istrict 606 604 https://www.mhc.tn.gov.in/judis W P N o. 4708 of 2025 __________ Page7 of 7 HEMANT CHANDANGOUDAR, J. ak WP No. 4708 of 2025 08-07-2026 https://www.mhc.tn.gov.in/judis