Conseil d'Etat, 3 / 5 SSR, du 18 janvier 1980, 13219, publié au recueil Lebon
Presiding Judge | M. Chardeau |
Judgement Number | 13219 |
Date | 18 janvier 1980 |
Record Number | CETATEXT000007663115 |
Court | Council of State (France) |
VU L'ORDONNANCE N 59-244 DU 4 FEVRIER 1959 RELATIF AU STATUT DES FONCTIONNAIRES ; VU LE CODE DU TRAVAIL ET LA LOI DU 24 AOUT 1930 ; VU LE DECRET N 65-845 DU 4 OCTOBRE 1965 ET L'INSTRUCTION DU SECRETAIRE D'ETAT A L'ECONOMIE ET AUX FINANCES DU 20 DECEMBRE 1967 ; VU LA LOI DU 30 DECEMBRE 1977 ;
CONSIDERANT QU'EN VERTU DES DISPOSITIONS DES ARTICLES L 145-2 ET R 145-1 DU CODE DU TRAVAIL, PRECEDEMMENT CODIFIEES A L'ARTICLE 61 DE CE CODE ET RENDUES APPLICABLES AUX FONCTIONNAIRES CIVILS ET MILITAIRES PAR LA LOI DU 24 AOUT 1930, LES TRAITEMENTS ET SOLDES DES FONCTIONNAIRES NE SONT SAISISSABLES QUE DANS LES PROPORTIONS FIXEES PAR L'ARTICLE R. 145-1 ; QUE L'ARTICLE 17 DE L'INSTRUCTION MINISTERIELLE DU 20 DECEMBRE 1967, PRISE POUR L'APPLICATION DU DECRET DU 4 OCTOBRE 1965 RELATIF AU PAIEMENT SANS ORDONNANCEMENT PREALABLE DES REMUNERATIONS ET DE LEURS ACCESSOIRES SERVIS AUX FONCTIONNAIRES ET AGENTS DES SERVICES CIVILS DE L'ETAT, NE SAURAIT FAIRE ECHEC A CES DISPOSITIONS DU CODE DU TRAVAIL ;
CONSIDERANT QU'IL RESSORT DES PIECES DU DOSSIER QUE MME DE X... DE COLIGNY A ETE MISE EN CONGE DE MALADIE AVEC DEMI-TRAITEMENT DU 15 AOUT AU 18 DECEMBRE 1975 DATE A LAQUELLE ELLE A REPRIS SES FONCTIONS ; QU'ELLE A...
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