13 January 2010
The British Gurkha Welfare Society has lost its judicial review
against the Ministry of Defence (MoD) decision that prevented those
Gurkhas who left prior to 1997 enjoying full British military
pensions.
Lawyers argued that the failure to give them equal pension
rights was in breach of the Human Rights Act and European Union
discrimination laws. However, Mr Justice Burnett ruled that the MoD
had not acted unlawfully and dismissed the challenge on all
grounds.
The British Gurkha Welfare Society is seeking leave to appeal
against the decision.
