( 1 ) HEARD learned counsel for the parties. The petitioner Nos. 1 and 3 are serving as Assistant Child Development Project Officer and the petitioner No. 2 is serving as Mukhya Sevika under the Mehsana District Panchayat. On completion of 9 years of their service in the cadre as per the higher pay scale benefits what is stated that they are entitled for the higher pay scale of Rs. 2000-3500 but that has not been granted to the petitioners only on the ground that they have not passed the prescribed departmental examination for promotion to higher post in the channel of promotion from the feeder cadre. I find sufficient merits in the submission of the learned counsel for the petitioners and which is not strongly opposed by the counsel for the respondents that the Child Development Project (Female) in the Gujarat Public Health Service Examination Rules, 1993 have come into force after the date on which the petitioners have already completed 9 years in the feeder cadre and the respondents could not have insisted for passing of the examination by them to make themselves eligible for the benefits of the higher pay scale. From the Rules, aforesaid I find that they have b