Conseil d'Etat, 5 / 3 SSR, du 16 octobre 1974, 91663, mentionné aux tables du recueil Lebon
Presiding Judge | M. Ordonneau |
Record Number | CETATEXT000007649421 |
Judgement Number | 91663 |
Date | 16 octobre 1974 |
Court | Council of State (France) |
VU LA LOI DU 20 SEPTEMBRE 1948 ; VU LE DECRET DU 20 MARS 1962 ; VU LE CODE DES PENSIONS CIVILES ET MILITAIRES DE RETRAITE ; VU L'ORDONNANCE DU 31 JUILLET 1945 ET LE DECRET DU 30 SEPTEMBRE 1953 ; VU LE CODE GENERAL DES IMPOTS ;
CONSIDERANT QU'AUX TERMES DE L'ARTICLE 1ER DU DECRET DU 20 MARS 1962 "LES OFFICIERS ET MILITAIRES NON OFFICIERS FRANCAIS MUSULMANS D'ALGERIE PRESENTS SOUS LES DRAPEAUX EN QUALITE DE MILITAIRES DE CARRIERE OU EN VERTU D'UN CONTRAT PEUVENT, SUR LEUR DEMANDE, ETRE RAYES DES CADRES AVEC LE BENEFICE DES DISPOSITIONS DU PRESENT DECRET" ET QU'AUX TERMES DE L'ARTICLE 4 DU MEME DECRET : "LES MILITAIRES NON OFFICIERS REUNISSANT PLUS DE ONZE ANS ET MOINS DE QUINZE ANS DE SERVICES MILITAIRES EFFECTIFS SONT MIS A LA RETRAITE AVEC UNE PENSION PROPORTIONNELLE CALCULEE DANS LES CONDITIONS PREVUES AUX ARTICLES L.26, L.27 ET L.35 DU CODE DES PENSIONS CIVILES ET MILITAIRES DE RETRAITE";
CONSIDERANT QUE, PAR LES DISPOSITIONS PRECITEES DE L'ARTICLE 1ER DU DECRET DU 20 MARS 1962, LE GOUVERNEMENT, EN RESERVANT LE BENEFICE DE CE DECRET AUX INTERESSES QUI DEMANDERAIENT LEUR RADIATION DES CADRES, A ENTENDU EVITER QUE L'ADMINISTRATION...
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