Gurkhas not discriminated against

The British Army did not discriminate against its Nepalese soldiers in relation to pensions. The position of British servicemen and Gurkhas was not comparable, since British soldiers would generally retire to the UK, while Gurkhas would retire to Nepal. Gurkha pensions were applicable after 15 years, while British soldiers were entitled to a pension after 15 years, deferrable until they reached 60. The GDP per capita of the UK was 20 times greater than Nepal. The Judge said it was sensible to use the rates for Indian Army pensions because it was the best comparator, and nothing better had been suggested.