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LONDON (AFP) — Three former Nepalese Gurkha soliders in the British army on Wednesday lost their High Court challenge over their pensions deal which they said left them struggling to survive.
The case was the latest in a series of legal battles over the rights of Gurkhas and the ruling will affect thousands of the Nepalese troops.
The case related to an offer made by the Ministry of Defence in March last year to transfer pensions benefits from the far lower Gurkha Pension Scheme into the more mainstream Armed Forces Pension Schemes.
The MoD offered to transfer the value of the GPS pensions into the AFPS for periods of military service after July 1, 1997 -- when the Gurkhas' base was moved from Hong Kong to Britain.
Lawyers for the trio argued that that unfairly prejudiced older retiring Gurkhas, saying the years of service of those who signed up before that date but retired after were valued at between 24 percent and 36 percent of British rates.
Rejecting their application for a judicial review, judge Duncan Ouseley said the MoD had acted reasonably.
"If there was indirect discrimination on the grounds of age or 'other status', it was justified and proportionate," he said.
The Gurkhas who brought the case are all in their late 30s and were forced to retire early due to ill health.
In a statement after the ruling, their lawyer Philippa Tuckman said they intended to appeal against the judgement.
"A Gurkha who has recently retired through ill-health caused by his service can still be 27 percent worse off than a UK comrade with equal service," she said.
"A Gurkha, medically retired last year with 17 years' service, will get just over 4,650 pounds (9,255 dollars, 5,845 euros) a year. A British soldier in the same position would get about 6,400 pounds.
"This money is meant to be lived on, and in this country. Where a man's headquarters were based years ago is no more than an administrative detail.
"Gurkhas have served in theatres of war, in danger and in hardship. They should be valued for it, not penalised."
In a statement, the Ministry of Defence welcomed the court's ruling that the recent pensions transfer offer was "fair and reasonable".
"The transfer offer has resulted in a take-up of nearly 100 percent of serving Gurkhas transferring," it added.
Thousands of Gurkha veterans demonstrated in London in March and about 50 gave back military medals in protest at "disgracefully low" pensions and the fact they do not have the automatic right to live in Britain.
Nepalese Gurkhas have been part of the British army for nearly 200 years and around 200,000 fought for Britain in World Wars I and II. More than 45,000 have been killed serving Britain.
Around 3,500 Gurkhas currently serve in the British army.
LONDON (AFP) — Three former Nepalese Gurkha soliders in the British army on Wednesday lost their High Court challenge over their pensions deal which they said left them struggling to survive.
The case was the latest in a series of legal battles over the rights of Gurkhas and the ruling will affect thousands of the Nepalese troops.
The case related to an offer made by the Ministry of Defence in March last year to transfer pensions benefits from the far lower Gurkha Pension Scheme into the more mainstream Armed Forces Pension Schemes.
The MoD offered to transfer the value of the GPS pensions into the AFPS for periods of military service after July 1, 1997 -- when the Gurkhas' base was moved from Hong Kong to Britain.
Lawyers for the trio argued that that unfairly prejudiced older retiring Gurkhas, saying the years of service of those who signed up before that date but retired after were valued at between 24 percent and 36 percent of British rates.
Rejecting their application for a judicial review, judge Duncan Ouseley said the MoD had acted reasonably.
"If there was indirect discrimination on the grounds of age or 'other status', it was justified and proportionate," he said.
The Gurkhas who brought the case are all in their late 30s and were forced to retire early due to ill health.
In a statement after the ruling, their lawyer Philippa Tuckman said they intended to appeal against the judgement.
"A Gurkha who has recently retired through ill-health caused by his service can still be 27 percent worse off than a UK comrade with equal service," she said.
"A Gurkha, medically retired last year with 17 years' service, will get just over 4,650 pounds (9,255 dollars, 5,845 euros) a year. A British soldier in the same position would get about 6,400 pounds.
"This money is meant to be lived on, and in this country. Where a man's headquarters were based years ago is no more than an administrative detail.
"Gurkhas have served in theatres of war, in danger and in hardship. They should be valued for it, not penalised."
In a statement, the Ministry of Defence welcomed the court's ruling that the recent pensions transfer offer was "fair and reasonable".
"The transfer offer has resulted in a take-up of nearly 100 percent of serving Gurkhas transferring," it added.
Thousands of Gurkha veterans demonstrated in London in March and about 50 gave back military medals in protest at "disgracefully low" pensions and the fact they do not have the automatic right to live in Britain.
Nepalese Gurkhas have been part of the British army for nearly 200 years and around 200,000 fought for Britain in World Wars I and II. More than 45,000 have been killed serving Britain.
Around 3,500 Gurkhas currently serve in the British army.
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