How to draft an Intra-court-appeal (I.C.A)? intra court -appeal I.C.A against the order of the high court. The sample is given below please do the necessary amendments as per the facts of the matter.

Intra-court-appeal (I.C.A)

Purpose: - To assail and order within the same court, whereby the writ petition has been declined in limine.

IN THE HON’BLE (NAME _____) HIGH COURT

I.C.A No. _________/202_IN  W.P.No. 01/2019

In the matter of:

(Name, parentage, and address of the appellant/s)                     …..Appellant

Versus

(Name, parentage, and address of the respondent/s)                 …Respondents

INTRA COURT APPEAL (I.C.A) AGAINST THE ORDER DATED 01.01.2020 OF THIS HON’BLE COURT, WHEREBY THE WRIT PETITION FILED BY THE APPELLANT HAS BEEN DISMISSED IN LIMINE

Respectfully Sheweth,

That transient fact of the moment Intra Court -appeal area unit that the appellant filed a judicial writ petition U/A 199 scan with Article 2-A, 3, 25 & 38 of the Constitution of monotheism Republic of Islamic Republic of Pakistan, 1973 before this Hon’ble court with the averments that the appellant was at the start recruited as civilian on twenty six.12.1997. when completion of the requisite service, the appellant got retired on 26.12.1998. In pursuance of a billboard revealed in the elected press within the year 1999 whereby posts in government sectors were offered to the general public, the appellant consideredan  himself to be eligible candidate  and applied for an identical post. He was recruited on 01.01.1998 within the aforesaid force and with the gradual promotion, he was finally promoted as Major on thirty.05.2008 and remained post in the department. when rendering service for the amount of eight years, 9 months, and twenty-eight days, the appellant reached at the age of superannuation and was retired on fifteen.03.200 by the manner of unleashin order issued by the respondents while not grant pensionary advantages also as while not investigation previous service of the appellant.      

That the notices were issued to the respondents and also the respondents submitted their comments so as to resist the claim of the appellant.

That after, the learned single bench of this Hon’ble court, was happy to dismiss the judicial writ petition of the current appellant in limine vide order dated 01.01.2020 hence, this Intra Court -appeal (ICA) on the subsequent amongst other:-

G R O U N D S

That the impugned order dated 01.01.2020 is against facts, law, and the principle of natural justice.

That the appellant served with devotion over twenty years and gained unconditional right to be forbidden fairly and equitably. underneath laws his former service warrants counted for pension in Forces, wherever from attaining the age of superannuation he was finally retired. The pertinent deficiency vis-a-vis requisite investigation has been condoned/rectified by authority; competent thus, additional steps have additionally been confiscated. No dearth in compliance with Rules, therefore, is obtainable and no justification is maintained to deny the rights envisaged.

That within the term of Regulation No. 22(d) of the Pension laws, Volume-1 (Forces), 2012 the appellant was entitled to the pensionary advantages, whereas considering his previous service rendered in the department and during this regard, the appellant additionally submitted a declaration as was needed underneath the laws ibid for investigation of his former service however the learned single bench whereas attending to its impugned finding of fact, has neglected the dear rights of the appellant that area unit concerned within the matter.

That Hon’ble High Courts area unit is meant to safeguard the constitutional rights of the voters of the Islamic Republic of Pakistan against discretionary and malafide acts of the chief and dispense justice within the society at any value. it's for the most part recognized principle of natural justice ‘Fiat justitia ruat coelum’, ‘let justice be done if the Heavens fall’. within the circumstances, the impugned order of the Hon’ble single bench is against the scope of natural justice, contradictory to varied pronouncements of the Hon’ble apex courts, and offensive of constitutional mandate, therefore, ita  isn't property within the eyes of the law and is vulnerable to put aside.   

That the impugned order is a result of material illegalities and irregularities culminating in gross miscarriage of justice.   

That the impugned order relies on surmises and conjectures.

That the impugned order is the result of misinterpretation and non-reading.

That the considerable rights of the appellant are concerned in the instant matter and if the current -appeal isn't allowed and also the impugned order isn't put aside, then the appellant shall suffer an irreparable loss.

That the learned single bench didn't hassle to gauge the rights of the appellant and passed the impugned order in slipshod manner.

That whereas passing the impugned order, the learned court didn't examine the material facts within the file.

That the order impugned order is not within the jurisdiction and the learned single bench passed the impugned order without its jurisdiction.

PRAYER:

In view of the above circumstances, it's most with all respect prayed that instant intra court -appeal (I.C.A) may kindly be accepted and also the order dated 01.01.2020 of Single Bench of this Hon’ble court, in a writ petition No. 3075/2018 might gracefully be declared illegal, unlawful, null and void upon the rights of the appellant, and same might gracefully be put aside, in the interest of justice.

Any other relief that this Hon’ble court deems match and correct can also be granted.

Appellant                               Through Counsel

Certificate:

It is certified that as per info received by the appellant, this is 1st intra-court -appeal, ever filed before this Hon’ble court.

It is  alos certified that there's no different petition or appeal is decided or pending up till the Hon’ble Supreme Court of the Islamic Republic of Pakistan.

Counsel