British Gurkha Welfare Society & Ors v Ministry of Defence - Gurkhas' pension scheme arrangements are neither discriminatory nor irrational
The MoD's decision that in extending pension rights to Gurkha soldiers in the British Army, distinctions should be made in respect of service prior to, and post, 1 July 1997, was neither irrational nor discriminatory on grounds of age or nationality.
The Court of Appeal has dismissed an appeal by certain retired Gurkha soldiers in this case. For details see the summary in the emplaw webupdater/ePSL of 12th January 2010.
The Court of Appeal concluded (at para 26) that:
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