Décision judiciaire de Tribunaux Administratif, 19 octobre 2000 (cas Tribunal administratif de Saint-Denis de la Réunion, du 19 octobre 2000, 9900941)
Date de Résolution | 19 octobre 2000 |
Numéro de Décision | Commune de Saint-Denis |
Juridiction | Tribunal administratif de Saint-Denis de la Réunion |
Nature | Texte |
1) Le litige et la procédure
Par une requête enregistrée le 18 octobre 1999, sous le n° 9900941, M. François X..., contrôleur territorial de travaux en retraite, domicilié ... - Résidence Saint - Honoré - Appt n° 12 - 97400 Saint-Denis, demande au Tribunal d'annuler le refus du maire de Saint-Denis, en date du 28 septembre 1999, de lui verser indemnité compensatrice de ses congés annuels non pris et de condamner la ville de Saint-Denis à lui verser cette indemnité ;
Par un mémoire enregistré le 7 août 2000, la commune de Saint-Denis représentée par la Selarl Gangate-Magamootoo, avocat, conclut au rejet de la requête et à la condamnation de M. X... à lui verser la somme de 10.000 francs au titre de l'article L. 8-1 du code des tribunaux administratifs et des cours administratives d'appel ;
Par un mémoire enregistré le 13 septembre 2000, M. X... représenté par Me Cazal avocat conclut aux mêmes fins que sa requête et en outre à la condamnation de la commune de Saint-Denis à lui verser 26.350 francs d'indemnité de congés annuels non pris et 8000 francs au titre de l'article L. 8-1 du code des tribunaux administratifs et des cours administratives d'appel ;
Les parties ont été régulièrement averties du jour de l'audience publique qui a eu lieu le 5 octobre 2000 ;
Le Tribunal a examiné la requête, la décision attaquée ainsi que les mémoires et les pièces produits par les parties ;
Il a entendu à l'audience publique :
- le rapport de M. Carbonnel, président-rapporteur ;
- les observations de Me Y... représentant M. X... ;
- et les conclusions de M. Thomas, commissaire du gouvernement ;
2) La décision
Au vu du code des tribunaux administratifs et des cours administratives d'appel, du décret 85-1250 du 26 novembre 1985 et de la directive 93-104 du conseil des communautés européennes du 23 novembre 1993 ;
Sans qu'il soit besoin de statuer sur la recevabilité de la requête :
Sur l'indemnité compensatrice des congés non pris :
Considérant qu'aux termes de l'article 5 du décret 85-1250 du 26 novembre 1985 ; "... Un congé non pris ne donne lieu à aucune indemnité compensatrice ;
Considérant, en premier lieu, que s'il est constant que M. François X... n'a pas été en mesure de prendre ses congés annuels avant la date d'effet de la décision du 26 février 1999 prononçant sa radiation des cadres du personnel de la ville de Saint-Denis à compter du 5 avril 1999, les dispositions précitées de l'article 5 du décret du 26 novembre 1985 font obstacle à ce qu'il...
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