Retired Gurkhas who fought in the British Army have lost their case for equal pension rights at the European Court of Human Rights.

The British Gurkha Welfare Society (BGWS), which specifically represents 339 Gurkha veterans, brought the case against the UK government.

Currently only Gurkhas who retired after 1 July 1997 are eligible for pensions equal to any other former servicemen and women. However, the BGWS argued that those who retired before this date should also be entitled to the same pensions.

In a statement the ECHR said: “The Court was satisfied that Gurkha soldiers had been treated differently from other soldiers in the British Army as concerned their entitlement to a pension and that the difference in treatment could be regarded as less favourable.

“Furthermore, in view of the changes to the Gurkhas’ situation, the Court accepted that by 2007, the date of the offer to transfer, Gurkha soldiers had been in a similar situation to other soldiers in the British Army.

“However, the Court considered that any difference in treatment on grounds of nationality had been objectively and reasonably justified. In particular, the cut-off point, 1 July 1997, for different treatment of accrued pension had not been arbitrary as it represented the transfer if the Gurkhas’ home base to the UK and therefore the point in time from which the Gurkhas had started forming ties with the country.

“Likewise, the Court considered that any difference in treatment based on age had also been objectively and reasonably justified.”

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