Thandava Yogesh vs The State Of Ap
2021 Latest Caselaw 1664 AP

     IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI


 HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                          &
               HON'BLE MR. JUSTICE C. PRAVEEN KUMAR

                   WRIT PETITION (PIL).No.112 of 2019
                       (Taken up through video conferencing)

Thandava Yogesh, s/o Venkateswarlu,
Occ: Advocate, Aged 33 years, Gowthavaram,
Racherla Mandal, Prakasam Dt.,
Andhra Pradesh-523 368.
                                                             .. Petitioner
     Versus

The State of Andhra Pradesh,
Rep., by the Chief Secretary,
Government of Andhra Pradesh,
A.P. Secretariat, Velagapudi,
Amaravathi- 522 503 and others


                                                             ..Respondents


Counsel for the petitioner        :   Petitioner in person

Counsel for respondents           :   Mr. V. Maheshwar Reddy, GP for Home


Dates of hearing                      :       01.03.2021

Date of pronouncement                 :       22.03.2021


                                      ORDER

(per, Arup Kumar Goswami, CJ)

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

HCJ & CPK, J W.P.(PIL) No.112 of 2019

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.

HCJ & CPK, J W.P.(PIL) No.112 of 2019

(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. 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

HCJ & CPK, J W.P.(PIL) No.112 of 2019

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

HCJ & CPK, J W.P.(PIL) No.112 of 2019

(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 Enhanced Budget Incentives Incentives Provision in Rs. in Rs.

Prisoners working in Petrol 70.00 200.00 Non-Govt. outlets Prisoners working in Open Air 70.00 140.00 Govt. Jails 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,

HCJ & CPK, J W.P.(PIL) No.112 of 2019

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. 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

                                                                     HCJ & CPK, J
                                                         W.P.(PIL) No.112 of 2019

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 3rd 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.                Prisoner                 Enhanced
No.                Category                 Incentives
                                            in Rs.
1.               Skilled                      Rs.200/-

2.               Semi-skilled                Rs.180/-

3.               Un-skilled                  Rs.160/-

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."

HCJ & CPK, J W.P.(PIL) No.112 of 2019

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 semi-

skilled 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.

HCJ & CPK, J W.P.(PIL) No.112 of 2019

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.

ARUP KUMAR GOSWAMY, CJ C. PRAVEEN KUMAR, J

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HCJ & CPK, J W.P.(PIL) No.112 of 2019

HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE & HON'BLE MR. JUSTICE C. PRAVEEN KUMAR

WRIT PETITION (PIL).No.112 of 2019 (per, Arup Kumar Goswami, CJ)

Date: 22-03-2021

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