News
BGWS PAYS TRIBUTE TO LATE CPL ARJUN PURJA PUN
CLICK HERE FOR THE PHOTO GALLERY
The weather spelled the sad mood of the large turn up of civilians and military personnel at the Aldershot Crematorium on 10 August 2010. In attendance were senior British officers, Gurkha Officers, men and their families from the various units of the Brigade of Gurkhas.
There was equal representation including families from most of the Nepali communities. BGWS was represented by the Chairman, General Secretary and a large number of members. While Arjun Purja Pun has now finally been laid to rest in peace our sincere condolences and prayers remain with the bereaved family.
Prakash Gurung
PR - BGWS
CENOTAPH CEREMONY AND MARCH PAST PDE - SUN 14 NOV 2010
Dear all
The subject parade is upon us again. This is a golden opportunity to pay our respect to those who had given their lives so that we could have OURS today.
To sacrifice one day of your time to respect the fallen heroes is not asking alot. BGWS has secured 78 tickets and will be issued on a first-come-first-served basis.
Area Reps are requested to commence trawling for names and warn off our members NOW. Dress code as ever, is BGWS tie, Gurkha hat, medal(s). No jeans please!
Tpt for those in Rushmoor will be centrally arranged either through individual funding or our local fund. Tpt will depart Farnborough Football Club at 0700 hrs. BGWS Central or Litigation Fund will not be used for this.
Mr Dutpsd Pun dai. I would be grateful if you could book a 52 seater coach.
For Shyamprakash Limbu bhai. Please pass on the above information to everyone that visits Gurkha Bhawan henceforth and keep record of those who are available to attend.
Regards
Chhatra Rai
Gen Sec
British Gurkha Welfare Society (BGWS),
APPEAL HEARING ON GURKHA PENSION – 27 JULY 2010
CLICK HERE FOR PHOTOS
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.
Following this meeting communication has now been established for both the organisations to exchange ideas and resources. John Sykes reiterated Equality for Veterans support to the Gurkha cause and likewise Chair BGWS the Gurkha solidarity to the Equality for Veterans campaign which encompasses veterans from the Armed Forces present and past. The Equality for Veterans main campaign centres around equality for all pensioners who were discharged prior to 1 April 1975 and like the pre 1997 Gurkhas denied equal pensions.
VISIT OF MINISTER (VETERANS), THE RT HON KEVAN JONES MP TO BGWS – 18 MARCH 2010 ( CLICK HERE FOR PHOTOS )
The Rt Hon Kevan Jones MP, Minister (Veterans) paid a visit to the BGWS Office in Farnborough on 18 March 2010. The main aim of his visit was to recognise the work being undertaken by BGWS regarding settlement of ex Gurkhas in the UK. The Minister arrived at the ‘Gurkha Bhawan’ at 1000 hours with his MA and was greeted by the Chairman BGWS, Major (Retd) Tikendra Dal Dewan. Mrs Margaret Gilmore, Miss Hannah Bradley and Major Mike Roberts were also present for the occasion. A good gathering of elderly Gurkha couples and available members of the BGWS were also present.
The Chairman briefed the Minister on the workings of BGWS highlighting various projects being undertaken to assist, improve and integrate the Gurkhas into the British society. In particular he briefed the Minister on the BGWS Radio project, the training and employment programme and various businesses, social and community ventures being undertaken by BGWS. The work of BGWS in Nepal was also touched upon.
The Minister was very appreciative and asked many questions. He made some very pertinent suggestions and it could be seen that he fully grasped the BGWS vision. Following the briefing tour, the Minister addressed the gathering saying that the MOD were doing all they can in settling the veterans nationally, working together with like minded organisations. He also requested the gathering to pass on the message that the GSO in Kathmandu would be assisting Gurkhas with their settlement applications for free and that there was no requirement for hefty sums to be paid to middlemen.
Following his speech, the eldest member present, Mr Ganesh Bahadur Gurung, who joined the Brigade of Gurkhas in 1949, presented the Minister with a framed BGWS kukri. The Minister then signed the visitors’ book and after admiring the Gurkha Resources Minibus parked outside the building left for Aldershot approximately one hour after his arrival.
BGWS CALL FOR UNITY ( CLICK HERE FOR PHOTO GALLERY )
The roar of support that filled the auditorium to the call for a united support to the BGWS led legal stand which seeks equal pensions for all Gurkhas confirmed the much sought Gurkha unity. Hundreds of Gurkhas were present to express their solidarity to a cause which affects each and every Gurkha. NESA was represented by Kesh Bahadur Gurung the UK lead, Gyanraj Rai, Spokesperson UBGEAN, while GAESO emailed their views. The meeting was opened by Prakash Gurung PR BGWS, followed by Bidhur Pakhrin the Vice Chair, this led to the Gen Sec Chhatra Rai giving a breakdown of income and expenses on the litigation front. Gyanraj Rai was then invited to say a few words followed by Kesh Bahadur Gurung, both expressed their organisations’ support.
This was followed by the Chair BGWS Tikendra Dewan’s explanation on the Judicial Review. He stressed the fact that the Pension issue which has been ongoing for two decades must reach a finality. When BGWS led the settlement issue in 2003 it had placed a three demand document personally to the Prime Minister with copies to all the MPs. In order; settlement, equal pensions, and equality. With the settlement chapter successfully closed and the present serving Gurkhas now under equal footing with the rest of the Armed Forces, the only but most important issue of pension remains pending. For the past seven years BGWS approached all possible amicable routes failing which they were compelled to take the legal track parallel with a political approach.
The application for judicial review by BGWS (and representative members) of the Gurkha offer to transfer (GOTT) was dismissed. This was the first step to pursuing the challenge to the European Court of Human Rights.
The application for judicial review was made on the following grounds:-
a)That the GOTT was irrational; (ie not offered to Pre Jul 97 wallas, service prior to Jul 97 should be counted year for year, preserved pension for minimum of 2 years service, widow pension)
b)That the GOTT discriminated unlawfully on grounds of nationality and/or age contrary to the Human Rights Act 1998;
c)That the making of the GOTT was not in accordance with the equality duty under the Race Relations Act 1976 (as amended).
Permission to appeal to the Court of Appeal has been filed. The rationality ground is not being pursued as this is not a ground which, in itself, can be taken to the European Court of Human Rights.
The application for permission to appeal incorporates however an appeal based on the Human Rights grounds (nationality and age) and a breach of the equality duty. What BGWS seeks to achieve is a hearing in Strasbourg before the European Court of Human Rights on the basis that the GOTT breached the Human Rights Act 1998 (and therefore the European Convention of Human Rights).
It is by no means certain that this will achieve permission from the Court of Appeal to progress the matter further. The permission is sought with a view to exhausting domestic remedies as only after having exhausted domestic remedies can the matter be progressed to the European Court of Human Rights. This has been BGWS’ strategy from the start.
It was made clear by the court at the application for judicial review, that the change in Immigration Rules in the summer of 2009 would have no impact on our challenge of the decision by MOD to introduce the GOTT package, as this change post dated the GOTT. This has however left open the door, however, for seeking a review by the Ministry of Defence of the pension provision in the light of the 2009 Immigration Rule changes. This would be consistent with BGWS’ parliamentary and PR campaign that it would now be more cost effective to extend the GOTT to all Gurkhas rather than face the potential for significant numbers coming to the United Kingdom under the revised Immigration Rules in circumstances where they would be more heavily reliant on national health service, social benefits, pension credits etc. Equal pension, their right, will allow them to lead a dignified life back in their homeland; an aspiration of all Gurkhas.
BGWS are seeking leading counsel’s opinion on further representations being made to the Ministry of Defence based on the Immigration Rules changes as well as continuing action before the European Court of Human Rights. A conference with Mr Robin Allen QC of counsel has been organised for next month. Mr Allen is a leading employment and human rights law barrister.
The Chair BGWS then let the meeting decide the next move, he stressed the strong support received from Nepal and personally thanked Captain Bishnu Kumar Rai MVO and officers supporting him for all their hard work in relaying the actual facts and raise funds to assist the campaign.
The meeting was held in a pure and sincere spirit of democracy, individuals requesting to express their views were given the opportunity. Damar Ghale MBE (ex President NRN UK and Tamudhee), Subash Gurung (President Tamudhee), Omprasad Thapa (President Gulmi Samaj UK), Rastra Rai (Sagarmatha Tae Kwon Do Dojang), Siriprasad Limbu (Ex President Kirant Yakthung Chumlung), Bhojprasad Gurung (NESA member), Maitalal Gurung (individual), Gyan Tamang (Blandford Nepali Community, Chairman BL), Hitman Gurung MBE (NRNA Europe Co-ordinator), Padam Rai BEM (Gen Sec Kirant Rai Yayokha), Omendra Gurung (BGWS) and Dr Chandra Laksamba (member CNSUK).
Basingstoke Nepali Community had organised a fund raising curry lunch and raised £2165, this was explained by Arjun Lamsal and the cheque handed by Captain Harkaraj Rai to Chairman BGWS. This included £50 from Mr Ekbahadur Gurung who did not expect any improvement to his own pension but felt it a duty to support this just cause for all Gurkhas.
The meeting concluded with individuals pledging their support led by Major Lalbahadur Gurung donation of £500 (contributed on 2 Mar), Maj Damar Ghale MBE £500 (contributed on 1 Mar), Captain Harkaraj Rai £500, Mr Harikumar Shrestha then confirmed a £100 for the next twelve months, Mr Subash Gurung £300 on behalf of Tamudhee, Rastra Rai £500 from Sagarmath TKD Dojang, Tharka Sen £500, Arjun Lamsal also confirmed a £100 for the next twelve months. Topping the list was Capt Prabhuram Rai with his pledge of £1000. True to the Gurkha motto ‘Khaffar hunu bhanda marnu ramro’ (it is better to die than be a coward) the Gurkhas are united to fight this one battle to win the war of injustice.
CLICK HERE FOR THE PHOTO GALLERY
The weather spelled the sad mood of the large turn up of civilians and military personnel at the Aldershot Crematorium on 10 August 2010. In attendance were senior British officers, Gurkha Officers, men and their families from the various units of the Brigade of Gurkhas.
There was equal representation including families from most of the Nepali communities. BGWS was represented by the Chairman, General Secretary and a large number of members. While Arjun Purja Pun has now finally been laid to rest in peace our sincere condolences and prayers remain with the bereaved family.
Prakash Gurung
PR - BGWS
CENOTAPH CEREMONY AND MARCH PAST PDE - SUN 14 NOV 2010
Dear all
The subject parade is upon us again. This is a golden opportunity to pay our respect to those who had given their lives so that we could have OURS today.
To sacrifice one day of your time to respect the fallen heroes is not asking alot. BGWS has secured 78 tickets and will be issued on a first-come-first-served basis.
Area Reps are requested to commence trawling for names and warn off our members NOW. Dress code as ever, is BGWS tie, Gurkha hat, medal(s). No jeans please!
Tpt for those in Rushmoor will be centrally arranged either through individual funding or our local fund. Tpt will depart Farnborough Football Club at 0700 hrs. BGWS Central or Litigation Fund will not be used for this.
Mr Dutpsd Pun dai. I would be grateful if you could book a 52 seater coach.
For Shyamprakash Limbu bhai. Please pass on the above information to everyone that visits Gurkha Bhawan henceforth and keep record of those who are available to attend.
Regards
Chhatra Rai
Gen Sec
British Gurkha Welfare Society (BGWS),
APPEAL HEARING ON GURKHA PENSION – 27 JULY 2010
CLICK HERE FOR PHOTOS
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.
EQUILITY FOR VETERAN ASSOCIATION CHAIR MET BGWS
CLICK HERE FOR PHOTOS
Following this meeting communication has now been established for both the organisations to exchange ideas and resources. John Sykes reiterated Equality for Veterans support to the Gurkha cause and likewise Chair BGWS the Gurkha solidarity to the Equality for Veterans campaign which encompasses veterans from the Armed Forces present and past. The Equality for Veterans main campaign centres around equality for all pensioners who were discharged prior to 1 April 1975 and like the pre 1997 Gurkhas denied equal pensions.
VISIT OF MINISTER (VETERANS), THE RT HON KEVAN JONES MP TO BGWS – 18 MARCH 2010 ( CLICK HERE FOR PHOTOS )
The Rt Hon Kevan Jones MP, Minister (Veterans) paid a visit to the BGWS Office in Farnborough on 18 March 2010. The main aim of his visit was to recognise the work being undertaken by BGWS regarding settlement of ex Gurkhas in the UK. The Minister arrived at the ‘Gurkha Bhawan’ at 1000 hours with his MA and was greeted by the Chairman BGWS, Major (Retd) Tikendra Dal Dewan. Mrs Margaret Gilmore, Miss Hannah Bradley and Major Mike Roberts were also present for the occasion. A good gathering of elderly Gurkha couples and available members of the BGWS were also present.
The Chairman briefed the Minister on the workings of BGWS highlighting various projects being undertaken to assist, improve and integrate the Gurkhas into the British society. In particular he briefed the Minister on the BGWS Radio project, the training and employment programme and various businesses, social and community ventures being undertaken by BGWS. The work of BGWS in Nepal was also touched upon.
The Minister was very appreciative and asked many questions. He made some very pertinent suggestions and it could be seen that he fully grasped the BGWS vision. Following the briefing tour, the Minister addressed the gathering saying that the MOD were doing all they can in settling the veterans nationally, working together with like minded organisations. He also requested the gathering to pass on the message that the GSO in Kathmandu would be assisting Gurkhas with their settlement applications for free and that there was no requirement for hefty sums to be paid to middlemen.
Following his speech, the eldest member present, Mr Ganesh Bahadur Gurung, who joined the Brigade of Gurkhas in 1949, presented the Minister with a framed BGWS kukri. The Minister then signed the visitors’ book and after admiring the Gurkha Resources Minibus parked outside the building left for Aldershot approximately one hour after his arrival.
BGWS CALL FOR UNITY ( CLICK HERE FOR PHOTO GALLERY )
The roar of support that filled the auditorium to the call for a united support to the BGWS led legal stand which seeks equal pensions for all Gurkhas confirmed the much sought Gurkha unity. Hundreds of Gurkhas were present to express their solidarity to a cause which affects each and every Gurkha. NESA was represented by Kesh Bahadur Gurung the UK lead, Gyanraj Rai, Spokesperson UBGEAN, while GAESO emailed their views. The meeting was opened by Prakash Gurung PR BGWS, followed by Bidhur Pakhrin the Vice Chair, this led to the Gen Sec Chhatra Rai giving a breakdown of income and expenses on the litigation front. Gyanraj Rai was then invited to say a few words followed by Kesh Bahadur Gurung, both expressed their organisations’ support.
This was followed by the Chair BGWS Tikendra Dewan’s explanation on the Judicial Review. He stressed the fact that the Pension issue which has been ongoing for two decades must reach a finality. When BGWS led the settlement issue in 2003 it had placed a three demand document personally to the Prime Minister with copies to all the MPs. In order; settlement, equal pensions, and equality. With the settlement chapter successfully closed and the present serving Gurkhas now under equal footing with the rest of the Armed Forces, the only but most important issue of pension remains pending. For the past seven years BGWS approached all possible amicable routes failing which they were compelled to take the legal track parallel with a political approach.
The application for judicial review by BGWS (and representative members) of the Gurkha offer to transfer (GOTT) was dismissed. This was the first step to pursuing the challenge to the European Court of Human Rights.
The application for judicial review was made on the following grounds:-
a)That the GOTT was irrational; (ie not offered to Pre Jul 97 wallas, service prior to Jul 97 should be counted year for year, preserved pension for minimum of 2 years service, widow pension)
b)That the GOTT discriminated unlawfully on grounds of nationality and/or age contrary to the Human Rights Act 1998;
c)That the making of the GOTT was not in accordance with the equality duty under the Race Relations Act 1976 (as amended).
Permission to appeal to the Court of Appeal has been filed. The rationality ground is not being pursued as this is not a ground which, in itself, can be taken to the European Court of Human Rights.
The application for permission to appeal incorporates however an appeal based on the Human Rights grounds (nationality and age) and a breach of the equality duty. What BGWS seeks to achieve is a hearing in Strasbourg before the European Court of Human Rights on the basis that the GOTT breached the Human Rights Act 1998 (and therefore the European Convention of Human Rights).
It is by no means certain that this will achieve permission from the Court of Appeal to progress the matter further. The permission is sought with a view to exhausting domestic remedies as only after having exhausted domestic remedies can the matter be progressed to the European Court of Human Rights. This has been BGWS’ strategy from the start.
It was made clear by the court at the application for judicial review, that the change in Immigration Rules in the summer of 2009 would have no impact on our challenge of the decision by MOD to introduce the GOTT package, as this change post dated the GOTT. This has however left open the door, however, for seeking a review by the Ministry of Defence of the pension provision in the light of the 2009 Immigration Rule changes. This would be consistent with BGWS’ parliamentary and PR campaign that it would now be more cost effective to extend the GOTT to all Gurkhas rather than face the potential for significant numbers coming to the United Kingdom under the revised Immigration Rules in circumstances where they would be more heavily reliant on national health service, social benefits, pension credits etc. Equal pension, their right, will allow them to lead a dignified life back in their homeland; an aspiration of all Gurkhas.
BGWS are seeking leading counsel’s opinion on further representations being made to the Ministry of Defence based on the Immigration Rules changes as well as continuing action before the European Court of Human Rights. A conference with Mr Robin Allen QC of counsel has been organised for next month. Mr Allen is a leading employment and human rights law barrister.
The Chair BGWS then let the meeting decide the next move, he stressed the strong support received from Nepal and personally thanked Captain Bishnu Kumar Rai MVO and officers supporting him for all their hard work in relaying the actual facts and raise funds to assist the campaign.
The meeting was held in a pure and sincere spirit of democracy, individuals requesting to express their views were given the opportunity. Damar Ghale MBE (ex President NRN UK and Tamudhee), Subash Gurung (President Tamudhee), Omprasad Thapa (President Gulmi Samaj UK), Rastra Rai (Sagarmatha Tae Kwon Do Dojang), Siriprasad Limbu (Ex President Kirant Yakthung Chumlung), Bhojprasad Gurung (NESA member), Maitalal Gurung (individual), Gyan Tamang (Blandford Nepali Community, Chairman BL), Hitman Gurung MBE (NRNA Europe Co-ordinator), Padam Rai BEM (Gen Sec Kirant Rai Yayokha), Omendra Gurung (BGWS) and Dr Chandra Laksamba (member CNSUK).
Basingstoke Nepali Community had organised a fund raising curry lunch and raised £2165, this was explained by Arjun Lamsal and the cheque handed by Captain Harkaraj Rai to Chairman BGWS. This included £50 from Mr Ekbahadur Gurung who did not expect any improvement to his own pension but felt it a duty to support this just cause for all Gurkhas.
The meeting concluded with individuals pledging their support led by Major Lalbahadur Gurung donation of £500 (contributed on 2 Mar), Maj Damar Ghale MBE £500 (contributed on 1 Mar), Captain Harkaraj Rai £500, Mr Harikumar Shrestha then confirmed a £100 for the next twelve months, Mr Subash Gurung £300 on behalf of Tamudhee, Rastra Rai £500 from Sagarmath TKD Dojang, Tharka Sen £500, Arjun Lamsal also confirmed a £100 for the next twelve months. Topping the list was Capt Prabhuram Rai with his pledge of £1000. True to the Gurkha motto ‘Khaffar hunu bhanda marnu ramro’ (it is better to die than be a coward) the Gurkhas are united to fight this one battle to win the war of injustice.
Thank you
Chhatra Rai
Gen Sec BGWS