Comment posted by hillman on Friday, July 30, 2010 12:42 AM

Beautiful photos but usual faces and it didn't say much about the subject!

Comment posted by Prakash on Sunday, August 01, 2010 1:34 PM

APPEAL HEARING ON GURKHA PENSION – 27 JULY 2010


The Court of Appeal hearing following the unsuccessful Judicial Review was held on 27 July 2010.   BGWS had warned its members and interested party of the scheduled hearing, however the firm timing and date was only confirmed by the Court at 1430 hours on 26 July 2010.   Taking the large turn up on the Judicial Review the Royal Courts of Justice had allocated Court Room 76, which supposedly is the largest room in the Courts.

Despite the short notice over 50 smartly dressed veterans drove from Farnborough joined by the rest from various areas in London.  It was encouraging to note a few of the committee members from GAESO in attendance.   The presiding team comprised of:

     Lord Justice Maurice Kay
     Lord Justice Longmore
     Lady Justice Black

The defense for the Gurkhas was led by Barrister Declan O’Dempsey and that of the MOD by Ravindra Sing QC

The proceedings began at 1100 hours. It was conducted in a very civilized and intellectual manner as opposed to the Bollywood courtroom antics.    Declan opened the argument on behalf of all Gurkhas by including the French President’s recent announcement; albeit not legally tied it served as a good starter.   The French decision on the Algerians were already made in 2007, Sarkozy’s announcement enwrapped the rest of its colonies discriminated from equal pensions.  

Strong sets of arguments were put forward by both parties and the Lords and Lady Justices asked searching questions showing the depth of their knowledge on the subject matter.

At the conclusion of the hearing the Lords and Lady Justices decided to reserve judgement until such time as they are able to promulgate their judgement, a draft of which would first be released to the respective legal team prior to its final decision.

To put things into context, the Gurkha pension issue is perhaps the last and most important element that will ensure not only full justice for all Gurkhas but also prove if the British sense of fair play is  just a myth.

It is now clear that the Gurkha pension issue has reached a critical stage.  BGWS is carrying the Gurkha pension issue forward in a systematic, logical, rational and dignified manner.  BGWS is aware that both legal and political angles need to be covered and is acting on doing just that as opposed to just talking about it.   A clearer version of the campaign, its goal, achievements thus far and modus operandi will shortly follow in an article format for ease of reference to all Gurkhas and its staunch supporters.

Comment posted by Prakash on Sunday, August 01, 2010 1:40 PM

British Court of Appeal hears Gurkha pension case   
Thursday, 29 July 2010 17:20


The Court of Appeal in the United Kingdom has heard arguments from representatives of Gurkha veterans and the Ministry of Defense  regarding the on-going legal battle mounted  by a leading Gurkha organisation on the Gurkha pension issue.

The presiding team at the Royal Court of Justice at Strand, London, on Tuesday comprised of Lord Justice Maurice Kay, Lord Justice Longmore and Lady Justice Black. The defense for the Gurkhas was led by Barrister Declan O’Dempsey and that of the Ministry of Defense (MoD) by Ravindra Sing QC.

The proceedings were conducted in a very civilized and intellectual manner at the historic court which was opened by Queen Victoria in 1882.

“Declan opened the argument on behalf of all Gurkhas by including the French President’s recent announcement; albeit not legally tied it served as a good starter. The French decision on the Algerians were already made in 2007, Sarkozy’s announcement enwrapped the rest of its colonies discriminated from equal pensions,” said a statement issued by the British Gurkha Welfare Society (BGWS).

Strong sets of arguments were put forward by both parties and the Lords and Lady Justices asked searching questions showing the depth of their knowledge on the subject matter.

At the conclusion of the hearing the Lords and Lady Justices decided to reserve judgment until such time as they are able to promulgate their judgment, a draft of which would first be released to the respective legal team prior to its final decision.

‘Sense of Fair Play’

“To put things into context, the Gurkha pension issue is perhaps the last and most important element that will ensure not only full justice for all Gurkhas but also prove if the British sense of fair play is  just a myth,” said Major (Retd.) Tikendra Dal Dewan, chairman of the BGWS.

The BGWS is carrying the Gurkha pension issue forward in a systematic, logical, rational and dignified manner, the statement said, adding “We are aware that both legal and political angles need to be covered and is acting on doing just that as opposed to just talking about it.”

In January this year, the BGWS lost a test case at the British High Court. Justice Burnett said he was aware of the "high regard" the British people had for the Brigade of Gurkhas. But he rejected the grounds of challenge and ruled that the MoD had not acted unlawfully.

The British Gurkha Welfare Society has argued that about 25,000 men who had retired before 1 July 1997 were denied the opportunity to transfer into UK armed forces pension schemes.  It claimed that the British government was acting unlawfully in paying them a third of the income of UK-based soldiers.

Last year, the Labour government had granted all former Gurkha soldiers, who had served at least for four years in the British Army, right to settle in the UK following a high-profile campaign launched by Gurkha organizations and supported by media, politicians and celebrities including actress Joanna Lumley.

But the BGWS has vowed to continue its fight against the British government on the Gurkha pension issue and has threatened to drag Her Majesty’s Government to the European Court of Human Rights, if the need be.nepalnews.com

Comment posted by P Gurung on Sunday, August 01, 2010 1:49 PM

UK
27 July 2010 Last updated at 20:51
Gurkhas renew battle over British army pensions
Retired Gurkhas have taken their battle with the Ministry of Defence over their army pensions to the Court of Appeal.
The British Gurkha Welfare Society is challenging a decision to limit the pensions paid to those who left the service before 1997.
Earlier this year it lost a test case, which would have affected about 25,000 veterans, at the High Court.
The Ministry of Defence said the pension cut-off date was "justified and proportionate".
Changes to pension rules in 2007 gave serving Gurkha soldiers equal pension rights with other service personnel in the UK.
But the British Gurkha Welfare Society said about 25,000 men who had retired before 1 July 1997 were denied the opportunity to transfer into UK armed forces pension schemes.
It says the government is acting unlawfully in paying them a third of the income of UK-based soldiers.
'Obvious disadvantage'
Gurkhas, who are recruited from Nepal, have been part of the British army for almost 200 years.
Last year, all retired Gurkhas won the right to live in the UK, following a high-profile campaign championed by actress Joanna Lumley.
Declan O'Dempsey, representing the Gurkhas, told the court the veterans had made the same sacrifices as UK soldiers and should have pension equality.
"The effect of the cut-off date is very serious in that it creates a group of Gurkhas who are placed at an obvious and substantial disadvantage.
"It is one of real practical significance which impacts upon their standard of living, opportunity to exercise their rights of residence in the UK and the lifestyle, welfare and educational opportunities for themselves and their families."
An MoD spokesman said: "Over the course of a retirement, these Gurkha soldiers will receive at least the same amount of pension as their British counterparts.
"Gurkha pensions can be paid from the age of 33, up to 27 years before British pensions begin. That means a Gurkha rifleman will already have received approximately £60,000 by the time he is 60."
The spokesman said Gurkhas who retired before July 1 1997, having served for at least 15 years, received a pension under the Gurkha Pension Scheme.
"The GPS pension rate is regularly reviewed and increased in accordance with annual inflation in Nepal and allows for a comfortable life in Nepal. A rifleman's pension is equivalent to a GP or architect's salary in Nepal."
A judgement has been reserved in the case.

Comment posted by P Gurung on Sunday, August 01, 2010 1:53 PM

House of Commons 27th June 2010
Answer to Written Questions
Gurkhas: Pensions
Mr Bain: To ask the Secretary of State for Defence (1) whether his Department's estimate that the cost to the public purse of paying equal pensions to Gurkha veterans who retired before 1 July 1997 would be £75 million per annum includes the pension settlements already distributed through the Gurkha pension scheme and the Gurkha Offer to Transfer project;  
(2) whether expenditure on the Gurkha pension scheme will be included in the comprehensive spending review; and if he will make a statement.  
Mr Robathan: The cost of equalising pensions for Gurkhas at the same level as the Armed Forces Pension Scheme has been estimated by the Government Actuary's Department at approximately £1.5 billion, at 2007 prices, comprising a one-off payment of £500 million and £50 million each year for 20 years. However, this estimate does not include pension settlements already distributed through the Gurkha pension scheme and the Gurkha Offer to Transfer project
The spending review will look comprehensively across the whole of Government expenditure. All defence expenditure, including that on armed forces pensions, is considered in the review, and the annual amounts paid out under the Gurkha Pension Scheme are not separated out from overall Armed Forces Pension Scheme expenditure.
Nepal: Armed Forces
Mr Bain: To ask the Secretary of State for Defence what level of local overseas living allowance is paid to (a) members of the armed forces serving in Nepal and (b) staff of the Gurkha Welfare Trust.  
Mr Robathan: Local overseas allowance (LOA) is designed to contribute towards the necessary additional local cost of day-to-day living, when service personnel are required to serve overseas. LOA recognises the amount by which average essential expenditure on day-to-day living in a particular overseas location differs from that in the UK, taking into account the differences in the local lifestyle. The amount of LOA paid to members of the armed forces serving in Nepal is up to £20.48 (per day) depending on personal circumstances.
The Gurkha Welfare Trust is a registered charity, independent of the Ministry of Defence, which was established in 1969 to provide financial, medical and community aid to alleviate hardship and distress among Gurkhas when they leave the British Army. The Ministry of Defence has two full-time military personnel attached to the field arm of the trust in Nepal to run the Gurkha Welfare Scheme. However, the Ministry of Defence is not responsible for the pay of the trust's staff.

Comment posted by bgws on Sunday, August 01, 2010 2:01 PM

OUR LOGO:
The Gurkha Hat signifies the profession while the crossed khukris symbolises the martial race of the Gurkhas. The overall black is a silent reflection of the unequal treatment while the white pugri denotes the Society's peaceful plea for justice

The Gurkha Welfare Trust is a scheme to cater for the welfare needs of ex British Gurkhas in Nepal. Money for this charity is raised through fund raising events, donations, charities and one day pay scheme from the serving members of the Brigade. This excludes Gurkhas in the UK in need of welfare assistance. As with any British Regiment, the Brigade of Gurkhas have their own Regimental Associations which could strictly be termed Officers Association as it exclude Gurkha Officers and other ranks.

With the large influx of ex-servicemen returning to UK with families, it was therefore, absolutely necessary to form an organisation to meet the myriad of welfare issues faced. Thus, inspired by a handful of dedicated Gurkhas and a few British citizens, the British Gurkha Welfare Society ('BGWS') was born.

Full Membership includes many hundreds of former British Gurkha soldiers of all ranks, including British Officers, Senior Police Officers and Government employees as Associate Members. While Friends of the Society form the body of Honorary members. The primary role of BGWS is to seek to obtain equality of treatment for Gurkhas, preferably by dialogue and education rather than litigation or overt confrontation.

As is reflected in statute - the Army Act 1955 expressly stipulates that Gurkhas are members of the UK Home Forces. Section 8(4)(a) Immigration Act 1971 applies to Gurkhas as it does to all other non-UK citizens in the Armed Forces, exempting them all from UK immigration control whilst they are members of the forces.The British Gurkha Welfare Society will, where possible meet all welfare needs of its members and stay in close relation with the local communities, assist these communities when and where needed.

Comment posted by bgws on Sunday, August 01, 2010 2:02 PM

British Gurkha Welfare Society is the only Nepali association in the UK and perhaps internationally to own a property. The property appropriately named Gurkha Bhawan serves the purpose of a community hall, reception room, offices which includes the Gurkha Security Services, Sagarmatha Tae Kwon-Do Dojang, The Nepal Study Centre, temporary room to air Radio BGWS and accommodation for a caretaker.

Money to purchase Gurkha Bhawan was raised through members buying the property shares. The ultimate aim will be reimbursement of shares as when funds build up. Funds will be accumulated partly through the monthly subscriptions.  

Gurkha Bhawan was a necessity and made possible by ex Gurkhas who invested to buy a property for this purpose. 119 Wren Way was God sent, conveniently located and importantly ideally structured to meet our needs. The money to buy the property was raised on a share basis. The investment remains open and we still have new interested members buying shares. A list of shareholders is shown below for general information highlighting the amount of share each own. Gurkha Bhawan is part of BGWS but is run separately, legally looked after by Capt(Retd) Hitman Gurung MBE and his team. The finance is accounted by Mr Tekbahadur Thapa.

The return of the capital invested is a guarantee. However immediate withdrawals cannot be sanctioned and as agreed unanimously during the Annual General Meeting (AGM) held at Oak Farm Community Hall Farnborough on 10 February 2006, a firm date will be decided on the next meeting.

As per original plan when Gurkha Bhawan was bought, the idea to buy additional property in other areas remains extant. And as agreed in the AGM, members have been asked to place bids. Folkestone and Maidstone have come forward with requests. Once they forward firm details decision will be made by the Committee as agreed in the AGM.

The AGM was very successful and the best bit is saved for the last. When the topic of shares was raised, Mr Gajbir Thapa felt it totally selfish that members could not even donate money to such a worthy cause, to recognise the achievements of BGWS due to which one and every Gurkha are now enjoying settlement rights. Children over 18 reunited with their family in UK, widows forgotten by all delivered their rights. Still pursuing to waive the current ruling to allow all pre 97 personnel equal right to settle in the UK. And importantly the pension issue as well.   

He then donated GBP-1000 towards the property this was a very gracious move followed by like-minded members present. The list of donors is shown below. This could lead to more following. It was then decided as a token of gratitude a brass plate with names of all donors to be engraved and displayed prominently. So that the future generation will notice the contribution made by these noble men for them!