Décision judiciaire de Conseil d'Etat, 20 février 2013 (cas Conseil d'État, 7ème et 2ème sous-sections réunies, 20/02/2013, 359489)
Date de Résolution: | 20 février 2013 |
Juridiction: | Conseil d'etat |
Nature : | Décision |
Vu l'arrêt n° 10PA01859 du 13 avril 2012, enregistré au secrétariat du contentieux du Conseil d'Etat le 16 mai 2012, par lequel la cour administrative d'appel de Paris a transmis au Conseil d'Etat, en application de l'article R. 351-2 du code de justice administrative, le pourvoi présenté à cette cour par le ministre de la défense ;
Vu le pourvoi, enregistré au greffe de la cour administrative d'appel de Paris le 15 avril 2010, présenté par le ministre de la défense ; le ministre demande au Conseil d'Etat :
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) d'annuler le jugement n° 0705550 du 18 février 2010 par lequel le tribunal administratif de Paris a, sur la demande de M. A...B..., annulé sa décision du 7 février 2007 en tant qu'elle refuse à M. B...son reclassement à compter de la date de sa nomination en qualité d'adjoint administratif, soit le 1er décembre 2005 ;
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) réglant l'affaire au fond, de rejeter la demande présentée par M. B...devant le tribunal administratif de Paris ;
Vu les autres pièces du dossier ;
Vu le code des pensions militaires d'invalidité et des victimes de la guerre ;
Vu la loi n° 2005-270 du 24 mars 2005 ;
Vu le décret n° 2005-1228 du 29 septembre 2005 ;
Vu le décret n° 2006-1458 du 27 novembre 2006 ;
Vu le code de justice administrative ;
Après avoir entendu en séance publique :
- le rapport de M. Fabrice Aubert, Auditeur,
- les observations de la SCP Masse-Dessen, Thouvenin, Coudray, avocat de M. B...,
- les conclusions de M. Gilles Pellissier, rapporteur public ;
La parole ayant été à nouveau donnée à la SCP Masse-Dessen, Thouvenin, Coudray, avocat de M. B...;
-
Considérant qu'il ressort des pièces du dossier soumis aux juges du fond que M.B..., alors militaire de carrière, a sollicité son intégration dans la fonction publique civile dans le cadre de la procédure de nomination sur emplois réservés ; qu'il a été nommé au grade d'adjoint administratif à compter du 1er décembre 2005 et affecté au ministère de la défense ; que le ministre de la défense a, d'une part, titularisé M. B...à compter du 1er décembre 2006 par une décision du 29 novembre 2006 et a, d'autre part, classé l'intéressé dans son corps d'accueil par une décision du 14 décembre 2006, avec effet au 1er décembre 2006 ; que le ministre de la défense se pourvoit en cassation contre le jugement par lequel le magistrat désigné par le président du tribunal administratif de Paris a fait droit aux conclusions de M. B... tendant à l'annulation de la décision du ministre de la défense rejetant le...
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