Neutral Citation No. - 2025:AHC-LKO:9147 Court No. - 6 Case :- WRIT - A No. - 1770 of 2025 Petitioner :- Karmber Singh Respondent :- State Of U.P. Thru. Prin. Secy. P.W.D.Govt. Lko. Counsel for Petitioner :- Shireesh Kumar,Utkarsh Kumar Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Shri Shireesh Kumar, learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record. 2. It has been submitted by learned counsel petitioner that the petitioner is working on the post of Executive Engineer in Public Works Department, Ghaziabad and is qualified and eligible to the post of Superintending Engineer. It has further been submitted that in fact junior persons have been promoted and candidature of the petitioner has not even been considered and consequently, has sought a direction to the respondents to consider the case of the petitioner for promotion to the post of Superintending Engineer. He has further prayed for a direction to respondent to allow all the service benefits such as pay band- IV of Rs.37400-67000/- Grade Pay Rs.8700/-, and grant him seniority, arrears of salary, pay fixation, pay revision. 3. Considering the fact that a writ of Mandamus has been prayed for and this Court is of the considered opinion that such a writ petition would lie only when the State fails to exercise the duty cast upon it. Accordingly the respondent should be given an opportunity to consider and redress the grievance raised by the petitioner. 4. In light of the above, the writ petition is disposed of with a direction to the petitioner to move a representation within next one week before the respondent i.e., Principal Secretary, Public Works Department, Government of U.P. Civil Secretariat, Lucknow and on receipt of the said representation, the respondent shall consider and decide the same expeditiously say within a period of next four weeks in accordance with law and communicate his decision to the petitioner. 5. With the aforesaid observations/directions, this petition is disposed of. . (Alok Mathur, J.) Order Date :- 12.2.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench