ORDER : 1. Heard Mr. Thandava Yogesh, the petitioner in person, as well as Mr. V. Maheshwar Reddy, learned Government Pleader for Home appearing for the respondents. 2. In the case of State of Gujarat and another v. Hon’ble High Court of Gujarat, reported in (1998) 7 SCC 392 , the question that fell for consideration before the Hon’ble Supreme Court was as to whether prisoners, who are required to do labour as part of their punishment, should necessarily be paid wages for such work at the rates prescribed under Minimum Wages law. 3. The Hon’ble Supreme Court after a detailed discussion on various facets touching upon the subject, reached the following conclusions: (1) It is lawful to employ the prisoners sentenced to rigorous imprisonment to do hard labour whether he consents to do it or not; (2) It is open to the jail officials to permit other prisoners also to do any work which they choose to do provided such prisoners make a request for that purpose; (3) It is imperative that the prisoners should be paid equitable wages for the work done by them. In order to determine the quantum of equitable wages payable to prisoners the State concerned shall constitute a wage fixation body for making recommendations. We direct each State to do so as early as possible. (4) Until the State Government takes any decision on such recommendations every prisoner must be paid wages for the work done by him at such rates or revised rates as the Government concerned fixes in the light of the observations made above. For this purpose we direct all the State Government to fix the rate of such interim wages within six weeks from today and report to this Court of compliance of this direction. (5) We recommend to the State concerned to make law for setting apart a portion of the wages earned by the prisoners to be paid as compensation to deserving victims of the offence the commission of which entailed the sentence of imprisonment to the prisoner, either directly or through a common fund to be created for this purpose or in any other feasible mode. 4. 4. This petition was filed with the allegation that the jail authorities in the State of Andhra Pradesh are paying Rs.30/- to the unskilled, Rs.50/- to the semi-skilled and Rs.70/- to the skilled jail inmates in terms of G.O.Ms.No.203, Home (Prisons.B) Department, dated 06.08.2010, which are not equitable wages and accordingly, prayed for directions (i) to constitute a wage fixation body for prisoners, (ii) to pay equitable wages to the prisoners and (iii) to periodically revise the equitable wages as per the Minimum wages revision cycle. 5. A perusal of G.O.Ms.No.203, dated 06.08.2010, goes to show that the Government had constituted a Committee to study the need for enhancement and to recommend the quantum of equitable wages payable to the prisoners and that, based on the recommendations made by the Committee, changed the term ‘wages’ as ‘incentives’ and enhanced the incentives of prisoners from the then existing Rs.20/- for skilled prisoners working in Open Air Jails to Rs.70/-, from Rs.15/- in respect of skilled prisoners working in Prison Industries and Miscellaneous to Rs.50/- and from Rs.10/- in respect of semi-skilled prisoners employed in Prison Industries and Services like sweeping etc. to Rs.30/-. 6. The Hon’ble Supreme Court in the case of State of Gujarat (supra), while dealing with the aspect relating to what is the rate at which the prisoners should be paid for their work, had occasion to observe that paying a pittance to them is virtually paying nothing. 7. A counter-affidavit was filed by the Director General of Prisons and Correctional Services stating that taking into consideration various factors and in the light of the judgment of the Hon’ble Supreme Court in State of Gujarat (supra), G.O.Ms.No1, Home (Prisons.B) Department, dated 01.01.2000 and G.O.Ms.No.203, Home (Prisons.B) Department, dated 06.08.2010 were issued regarding fixation of wages to the prisoners. It is stated that the Committee that was constituted in the year 2009 to study the need for enhancement and recommend the quantum of equitable wages payable to the prisoners consisted of Principal Secretary to Government, Home Department as the Convenor and the Secretary to the Government, Finance Department, the Principal Secretary to Government, Labour Employment, Training and Factories Department and the Director General and Inspector General of Prisons and Correctional Administration as members. It is also stated therein that proposals were being submitted to the Government of Andhra Pradesh for constitution of Incentives Fixing Body in the form of a Committee for enhancing the incentives payable to the prisoners all over the State. 8. Subsequently, on 25.09.2020, an additional counter-affidavit came to be filed by the Director General of Prisons & Correctional Services, Andhra Pradesh, stating that a Committee consisting of the Principal Secretary to Government, Home Department, as Chairman and the Secretary to Government, Finance Department, the Principal Secretary to Government, Labour, Employment, Training and Factories Department, as members and the Director General of Prisons and Correctional Services as member/convener, had been constituted vide G.O.Rt.No.197, Home (Prisons & Fire) Department, dated 25.02.2020, and the Committee had convened a meeting on 14.07.2020 and made the following recommendations: Prisoner Category Existing Incentives in Rs. Enhanced Incentives in Rs. Budget Provision Prisoners working in Petrol outlets 70.00 200.00 Non-Govt. Prisoners working in Open Air Jails 70.00 140.00 Govt. Production cum Training Centres Skilled Prisoners 50.00 140.00 Non-Govt. Semi Skilled Prisoners 30.00 75.00 Non-Govt. General Maintenance like Plumbing, Masonry, Barber, Cook, Dhobi, Sweeping, etc Skilled Prisoners 50.00 100.00 Govt. Semi Skilled Prisoners 30.00 75.00 Govt. 9. Thereafter, a letter dated 30.07.2020 was addressed to the Principal Secretary to Government, Home (Prisons & Fire) Department, Government of Andhra Pradesh, requesting the Government to issue orders basing on the recommendations made by the Committee. 10. When the matter was taken up on 15.02.2021, we were informed that the recommendations made in the month of July, 2020, had not been implemented though nearly seven months had elapsed. 11. The order of the Court dated 15.02.2021 goes to show that Mr. V. Maheshwar Reddy, learned Government Pleader for Home, had submitted that appropriate notifications will be issued if seven days’ time was granted. Accordingly, the matter was directed to be listed on 24.02.2021, on which date, on his prayer, the case was directed to be listed on 01.03.2021. On 01.03.2021, Mr. V. Maheshwar Reddy placed before the Court G.O.Ms.No.25 dated 25.02.2021 issued by the Home (Prisons & Fire) Department. The same reads as follows: “GOVERNMENT OF ANDHRA PRADESH ABSTRACT Home Department – Enhancement of incentives payable to prisoners – Orders – Issued. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– HOME (PRISONS & FIRE) DEPARTMENT G.O.Ms.No.25 DATED: 25.02.2021 Read the following:- 1. G.O.Ms.No.203, Home (Prisons.B) Department, Dated 06.08.2010. 2. G.O.Rt.No.197, Home (Prisons & Fire) Department, Dated:25.02.2020. 3. The same reads as follows: “GOVERNMENT OF ANDHRA PRADESH ABSTRACT Home Department – Enhancement of incentives payable to prisoners – Orders – Issued. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– HOME (PRISONS & FIRE) DEPARTMENT G.O.Ms.No.25 DATED: 25.02.2021 Read the following:- 1. G.O.Ms.No.203, Home (Prisons.B) Department, Dated 06.08.2010. 2. G.O.Rt.No.197, Home (Prisons & Fire) Department, Dated:25.02.2020. 3. From the Director General of Prisons and Correctional Services, A.P., Vijayawada, Letter No.Jud-2/70/2019, dt.30-07-2020 & 16.2.21. * * * ORDER: In the reference first read above orders were issued changing the term “wages” as “incentives” and also accorded permission to enhance the incentives of Prisoners as follows:- Sl.No. Details Existing Incentives in Rs. 1 Skilled Rs.70.00 2 Semi-skilled Rs.50.00 3 Un-skilled Rs.30.00 2. In the reference second read above, Government have constituted a Committee to study the need for enhancement and to recommend the quantum of equitable incentives payable to the prisoners. 3. The Director General of Prisons and Correctional Services, A.P., Vijayawada, in his letter in the reference 3 rd read above, has stated that the above Committee met on 14.07.2020 and made recommendations to increase the incentives given to the prisoners as a welfare measure from the Government to have goodwill among them. He has stated that there is a need for enhancement the quantum of equitable incentives payable to the prisoners, and requested for enhancing of incentives. 4. After careful examination, Government hereby enhance the incentives of Prisoners, as follows:- Sl.No. Prisoner Category Enhanced Incentives in Rs. 1 Skilled Rs.200.00 2 Semi-skilled Rs.180.00 3 Un-skilled Rs.160.00 5. The Director General of Prisons & Correctional Services, A.P., shall take necessary action accordingly. 6. This order issued with the concurrence of Finance Department vide their U.O.No.FMUOASD(HCL)/283/2020 (Computer No.1223655), Dt.15.12.2020. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) Sd/- KUMAR VISHWAJEET, PRINCIPAL SECRETARY TO GOVERNMENT.” 12. Perusal of the above goes to show that though the Committee had made recommendations with reference to the prisoners working in Petrol outlets, prisoners working in open air jails, skilled prisoners and semiskilled prisoners working in Production-cum-Training Centres as well as skilled prisoners and semi skilled prisoners working in General Maintenance like plumbing, masonry, barber, cook, dhobi, sweeping etc., the Government made only three categories viz., skilled, semi-skilled and unskilled. The Committee had recommended Rs.140/- and 75/- for skilled and semi-skilled prisoners in production-cum-training centres, respectively, and Rs.100/- and Rs.75/- for skilled and unskilled prisoners in general maintenance like plumbing, masonry, barber, cook, dhobi, sweeping etc. respectively. However, the Government has prescribed uniform rate for skilled, semi-skilled and unskilled prisoners at Rs.200/-, 180/- and 160/-, respectively. 13. The aforesaid sums represent nearly three times increase in respect of skilled prisoners working in jails from earlier Rs.70/-, 3.5 times in respect of skilled prisoners working in Prison Industries and Miscellaneous from earlier Rs.50/- and more than five times in respect of semi-skilled prisoners employed in Prison Industries and Services like sweeping etc., who were granted incentives at the rate of Rs.30/- in terms of G.O.Ms.No.203, dated 06.08.2010. Now, by the present G.O.Ms.No.25, dated 25.02.2021, the unskilled prisoners are entitled to Rs.160/-. 14. Having regard to the enhancement as noticed, we are of the considered opinion that the amounts fixed for skilled, semi-skilled and unskilled represent an equitable wage. 15. There is another aspect. The Government has chosen to pay the amounts as incentives. When the Hon’ble Supreme Court in the case of State of Gujarat (supra) had in unequivocal terms mandated the States to make payment of equitable wages, we fail to see any rationale for change of nomenclature to ‘incentive’ from ‘wage’. Therefore, we direct the respondents to replace the word ‘incentives’ in G.O.Ms.No.25, dated 25.02.2021 to ‘wage’. This exercise shall be done within a period of four weeks from today. It is, needless to say, that the respondents are obliged to periodically make an exercise to fix equitable wages to the prisoners. 16. With the above directions, the Petition is disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed.