Though seven former Gurkhas have lost their discrimination case against the British government, they are happy about the court's direction to the government to reconsider the rule allowing only 25 per cent of the Gurkhas to be with their families.

"What's most important to us is that we now have non-discrimination as far as family leave is concerned so we hope in the very near future that Gurkhas will be permitted to be with their families in the same way the British soldier is allowed to be with his family," Phil Shiner, a solicitor for the Gurkhas said.

The high court, in its judgment on Friday, ruled that the differences in pay and pensions were not so great that they were "disproportionate or irrational" and therefore unlawful.

The only remaining issue was whether the government had discriminated against Gurkhas by allowing no more than 25 per cent of them to have their families living with them.

On this issue, Justice Sullivan agreed that they were in an analogous position to British troops. But he said that some difference of treatment could be justified. Sullivan did not think it just and appropriate to grant the "wide" declaration the Gurkhas had requested. However, Justice Sullivan said the Ministry of Defence would have to consider whether it was now sensible to review the 25 per cent limit.

"If it decides not to do so and a claim is made by a serving Gurkha whose family life is being disrupted by the application of the 25 per cent limit, then it may well find that the court will require more of a detailed justification of policy than has sufficed in the particular circumstances of the present case," he said.

Cherie Booth, QC, who brought their discrimination case against the government led by her husband, also seemed happy with the outcome that could allow more serving Nepalese soldiers to have their families living with them.

Delivering the judgment after a two-day hearing, Justice Sullivan pointed out that Booth had abandoned eight of her original 12 complaints.

The complaints alleged discrimination on grounds of religion, promotion, dress codes, accommodation, dining facilities, leave, baggage allowance and retirement age.

Only two "principal grievances" now remain, relating to money and accompanied service.

Lt Col Barry Hawgood, a MoD spokesman, said the claim had been a "significant watershed" for the brigade of Gurkhas.

"The outcome lifts a number of uncertainties that have been facing the brigade for some time," he said.