Gurkhas claimed they should be paid the same as British soldiers

The Gurkhas claimed that large differences in pensions and pay during leave and restrictions on having their wives and family with them breached human rights laws and the Race Relations Act.

Nicholas Blake QC, for the Gurkhas, told the Court of Appeal in London: "These men put their lives at risk for the Crown for a considerable number of years.

"Once you are facing the same risks, you must receive the same rewards."

But Lords Justices Simon Brown, Chadwick and Rix, ruled the Ministry of Defence had not treated them unlawfully.

When Britain left Hong Kong in 1997, the traditional base for the Brigade of Gurkhas was moved to Britain and their pay was increased to match that of British soldiers.

We will not give up the fight until we have ended this discrimination against Gurkhas Padam Bahadur Gurung Gurkha Army Ex-Servicemen's Organisation Who are the Gurkhas?

But during leave periods in Nepal, Gurkhas are paid the equivalent of 5% of their salary.

Gurkhas retire after a maximum of 17 years of service with a pension of �91 a month. British privates serve 22 years for a pension which is �623 a month.

The seven Gurkhas failed in their test case against the MoD at the High Court earlier this year.

On Thursday, the judges at the Court of Appeal backed up that ruling, saying the Gurkhas were not in the same position as British soldiers and therefore could be paid less.

However, the judges disapproved that Gurkhas were only allowed their families with them for three years.

The MoD announced a review in June and Lord Justice Simon Brown expressed the hope that the outcome would improve the lot of married Gurkhas.

Fight continues

Lawyers for the Gurkhas said that the case would not be pursued to the House of Lords.

Solicitor Phil Shiner said: "We have achieved a considerable success on accompanied service policy, with the MoD being forced to carry out a full review.

"This issue causes considerable distress to Gurkhas and their families and we are very pleased to know that the policy is to be changed."

The solicitors plan further action on the pension issue.

Padam Bahadur Gurung, president of the Gurkha Army Ex-Servicemen's Organisation, said: "We are pleased to achieve a result on the accompanied service rules but disappointed on pay and pensions.

"However, we believe that in the end justice will prevail and Gurkhas must be treated equally with British soldiers.

"We will not give up the fight until we have ended this discrimination against Gurkhas."