JUDGMENT N. Kotiswar Singh, J. 1. Heard Mr. H. Biramani, learned counsel for the petitioner and Mr. A. Modhuchandra, learned GA for the State respondents. 2. In the present writ petition, the petitioner, claiming to be the wife of one late Longjam Guneshor Singh, who was killed at the hands of the underground activists, has approached this Court for a direction to the State respondents for grant of ex-gratia amount of Rs. 1 lakh in terms of the scheme prepared by the State Government. 3. It has been stated that the petitioner's husband was mercilessly killed by the cadres of one banned organisation namely, United National Liberation Front (UNLF). According to the petitioner, there is a scheme prepared by the State Government for grant of ex-gratia amount to the Government servants, Civilians, Security Forces etc in the event of death or grievous injury due to unjustified Police/Security Force action or extremists action, which was notified by order dated 2.5.1997 which was modified on 6.8.1998. According to the petitioner, the petitioner approached the authorities for grant of the ex-gratia amount under the aforesaid scheme. The petitioner contends that, as there was no response from the State authorities, the petitioner has been compelled to approach this Court for a direction to the State respondents for grant of Rs. 1 lakh in terms of the aforesaid scheme. 4. The present writ petition has been resisted by the State respondents by contending, inter alia, that the case of the petitioner is not covered by the aforesaid scheme of the Government. It has been contended by the State respondents that such ex-gratia payment is to be paid only in respect of the unjustified Police/Security action or extremist action. It has been contended that in the present case, on investigation, it was found that the petitioner's husband was involved in certain land dispute with his neighbours and also the petitioner's husband was accused of molesting a woman. It has been stated that in course of investigation it has been revealed that some members of the UNLF cadres were contacted by the woman and her husband to settle their personal score and in that action the petitioner's husband was killed by the members of the UNLF. Therefore, it cannot be said to be an unjustified extremist action as he died purely due to personal enmity. Therefore, it cannot be said to be an unjustified extremist action as he died purely due to personal enmity. It has been submitted that the petitioner is not entitled to any such ex-gratia payment as the said scheme was framed on humanitarian consideration of those persons/civilians who died due to unjustified Police/Security force action or extremist action and not because of personal rivalries. Accordingly, it has been submitted that the petition is liable to be dismissed. 5. Heard the learned counsel for the parties and also perused the materials on record. As we proceed, it may be apposite to reproduce the relevant orders containing the scheme which is the basis for the claim made in the petition, as follows: "GOVERNMENT OF MANIPUR HOME DEPARTMENT ORDERS Imphal, the 2nd May, 1997 No. 1(1)16/79-H (Pt-2)- The Governor of Manipur is pleased to amend the order of even number dated 15.7.96 regarding fixing of scale of ex-gratia grant payable to the Govt. servants, Civilians, Security Forces etc. in the event of death or grievous injury die to unjustified Police/Security Force action or extremists action with retrospective effect from 17.11.96 as follows: SI.No. Category of persons Payable rate 1. the case of death (a) Sitting MPs/MLAs (b) All regular Govt. servants irrespective of class, including Security Forces/Paramilitary Forces/BRTF. (C) Civilians (d) Surrendered persons who are willingly assisting the police in operational duties against the extremists. -Rs. 1,00,000/- -Rs. 1,00,000/- -Rs. 5,000/- -Rs. 1,00,000/- 2. In case of Grivvous hurt (a) Personnel of Manipur Police and Manipur Rifles. (b) Civilans (C) Surrendered persons who are willingly assisting the police in operational suties against the extremists. -Rs. 5,000/- in addition to medical reimbursement entitled to them. -Rs. 5,000/ -Rs. 20,000/ 3. The paras, 3, 4, 5 & 6 of order dated 15.7.96 will remain unchanged. 5. This is issued with the concurrence of Finance Deptt. Vide U.O. No. 1/97-98/PD(7-P/281) dated 30.4.97. By order & In the name of Governor, S. DINOKUMAR SINGH Joint Secretary(Home), Govt. of Manipur". -ooo- "GOVERNMENT OF MANIPUR HOME DEPARTMENT ORDERS Imphal, the 6th August, 1998. NO. 1(1)/26/97-H(Pt.2): In partial modification of the Government orders of even number dated 15.7.96 and 2.5.97, the Governor of Manipur is pleased to order to fix the ex-gratia payable to Civilian in the event of death due to unjustified Police/Security by Force action or Extremist action to Rs. -ooo- "GOVERNMENT OF MANIPUR HOME DEPARTMENT ORDERS Imphal, the 6th August, 1998. NO. 1(1)/26/97-H(Pt.2): In partial modification of the Government orders of even number dated 15.7.96 and 2.5.97, the Governor of Manipur is pleased to order to fix the ex-gratia payable to Civilian in the event of death due to unjustified Police/Security by Force action or Extremist action to Rs. 1.00 lakh (Rupees one lakh) only and also increased the amount payable in case of grievous hurt to Rs. 10,000/- (Rupees ten thousand) only and also to order that the following Sl. No. 2A shall be inserted after Sl. No. 2 in the said Government orders, namely; "2A. Notwithstanding anything contained in these orders, an ex-gratia of Rs. 1,00 lakh only shall be paid, on the recommendation of the Screening-Cum-Co-Ordination Committee constituted by the State Government in this behalf, to the next of kin of any person, found missing or lost his life in fire due to burning down of house in an ethnic/communal clash in the State." 2. This issue with the concurrence of Finance Department vide their U.C. No. 2/98-99/ED(7-P/215) dated 3.8.98. 3. This order shall be enforced w.e.f. 1st May, 1988. By orders & in the name of Governor, Sd/- (P. Bharat Singh) Special Secretary (Home) Govt. of Manipur." Though the amount of ex-gratia in respect of civilians killed was fixed at Rs. 50,000/- by order date 2.5.1997, it has been enhanced to Rs. 1 lakh by the subsequent order dated 6.8.1998. As per the aforesaid orders, the conditions precedent for grant of ex-gratia as far as death of a civilian are as follows: "i) Death of civilian occurred due to police/security force action or extremist action. ii) Such death was due to unjustified action of the police/security force/extremist action." Therefore, if these two conditions are fulfilled, the ex-gratia amount will be payable. 6. Though the circumstances leading to the death of the petitioner's husband as stated in the affidavit-in-opposition of the State respondents, seem to indicate personal rivalry between private individuals, which has nothing to do with the State agency, the fact remains that the petitioner's husband died at the hands of the armed cadres of the UNLF. It is not the case of the State respondents that the petitioner's husband did not die at the hands of underground UNLF cadres. It is not the case of the State respondents that the petitioner's husband did not die at the hands of underground UNLF cadres. If it is accepted that he died in the hands of the extremists, the next question which arises for consideration is whether such killing of the petitioner's husband, by the activists of the UNLF organisation, can be said to be due to unjustified extremist action or not. The main criteria for grant of ex-gratia, is death due to "unjustified" Police/Security action or extremist action which would make the claimant to be entitled for grant of ex-gratia amount as mentioned in the said order. 7. In the present case, though the petitioner's husband died because of personal rivalry between private individuals, it cannot be denied that her husband died due to extremist action. It cannot be said that such extremist action was justified. Neither it is the case of the State respondent that such action was justified. By no means, such an action, whether by extremist or by police action can be said to be justified. Even if the petitioner's husband was involved in any crime as alleged, law had to take its course which does not permit killing of any person without following the due process of law. Though the State agencies were not involved and hence not liable on that count, yet the fact remains that the petitioner's husband died at the hands of the extremists. In the present case, even though this Court accepts the contention of the State that the help of the UNLF cadres was requisitioned by certain private individuals for their own selfish interest, nevertheless, it cannot but be an unjustified extremist action within the scope of the scheme. This scheme has to be liberally construed as the same has been prepared on humanitarian grounds as a beneficial measure to give succour to the families of victim of violent death in the circumstances mentioned in the scheme. The scope of the scheme could not be circumscribed or whittled down by reading into it conditions not mentioned in the scheme. A beneficial scheme has to be liberally interpreted and could not be restricted by conditions not specifically mentioned in the scheme. The motive in causing the death is immaterial and irrelevant for the purpose of consideration for ex-gratia. 8. A beneficial scheme has to be liberally interpreted and could not be restricted by conditions not specifically mentioned in the scheme. The motive in causing the death is immaterial and irrelevant for the purpose of consideration for ex-gratia. 8. Since the death of the petitioner's husband at the hands of the UNLF was unjustified and it is also admitted to be at the hands of the UNLF, which is an extremist organisation, this Court is of the view that the conditions required for invoking the said scheme are fulfilled. Accordingly, the petitioner would be entitled to grant of ex-gratia of Rs. 1 lakh as provided under order dated 2.5.1997 read with order dated 6.8.1998. 9. For the reasons stated above, the writ petition is allowed. The respondents are directed to grant Rs. 1 lakh in favour of the petitioner within a period of three months from the date of receipt of a certified copy of this order. ___