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University girl caught on camera inserting bottle in another girl's privates (PHOTO)
Kenyan Universities have for the longest time been infamous for gruesome and uncouth acts in recent times, and the latest one has had people talking senseless.
READ ALSO: Prostitutes fight over man's penis;in the process set house ablaze
Campus parties in particular have produced some pretty bizarre incidents that are beyond insane.
A photo has been sent to one of the media outlets showing two drunk university girls believed to be from Moi University playing with their colleague's private parts at an unidentified club party.
READ ALSO: Man's Side-Chick Shows Up To His Wedding In A Wedding Dress
If the photo is anything to go by, one of the girls seems to be inserting a large bottle of J&B Scotch Whisky into her friend's privates. The girl in question seems too drunk to fathom what is taking place in her private area.
From the numerous bottles of whisky around the room in the photo, it is clear that the girls had drunk themselves silly, prompting them to make some irrational decisions.
See the shocking photo below:
Watch a video of a Kenyan campus party below:
Is this proof that University parties are nothing but sex dens? You be the judge.
Source: YEN.com.gh


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Read the article in the CFMA Building Profits magazine - JulyAugust 2018
Copyright © 2018 by the Construction Financial Management Association (CFMA). All rights reserved. This article first appeared in CFMA Building Profits (a member-only benefit) and is reprinted with permission.
Best in Class heavy/highway contractors are defined as those having upper-quartile net income and perform at high levels in various fields. Estimating, field operations, financial management, and fleet management are all managed more effectively than at other companies. This article focuses on best practices in fleet maintenance and management and how Best in Class heavy/ highway contractors can leverage technology to maximize operational performance.
The Economics of Fleet Operations
The basic objective of fleet management is to run equipment as much as possible while operating the fleet more cost effectively than renting the equipment. Because of this, "When the yellow iron runs, we make money," is a common adage among heavy/highway contractors.
To accomplish effective fleet management, it is necessary to keep equipment in good running order, minimize maintenance and repair costs, and deploy assets where they will be utilized the most.
For example, let's say that a contractor owns a CAT D8 dozer. The ownership billing rate for the dozer is $30 per hour based on a planned utilization of 1,200 hours per year. If the dozer runs 1,000 hours per year – 200 hours less than its planned utilization – then $6,000 of cost is not recovered.
Likewise, if the dozer is run 1,400 hours per year, 200 hours more than planned utilization, the piece of equipment has covered $6,000 more than its cost – thus reducing overall fleet cost.
We will now address each of these objectives and the technology available to meet them.
Keeping Assets on the Job & Running
If a piece of equipment is not in sufficient working order, it cannot be operated or utilized. As such, a major profit killer for contractors is unscheduled downtime
The Negative Effects of Unscheduled Downtime
Unscheduled downtime creates two significant costs. First, operating hours needed to recover ownership costs are lost. An unscheduled downtime rate of 25% is common when equipment is not well maintained.
The case of the CAT D8 dozer mentioned earlier would mean an annual lost-cost recovery of $9,000. If the company had 10 pieces of equipment with similar results, the impact would cost the company a staggering $90,000.
Many companies, especially heavy/highway contractors, have hundreds of pieces of equipment, so the impact across a fleet can be substantial if unscheduled downtime is widespread.
Second, and most important, is that unscheduled downtime disrupts projects. Performing construction work efficiently and on schedule is impossible if the equipment required is not reliable or in good working order. As a result, onsite field labor may be idle, work production and schedules can be disrupted, and job margins can take a direct hit.
The Impact of Reactive Maintenance on Fleet Overhead
Poor, reactive equipment maintenance processes also impact fleet overhead. Just as delaying repairs and maintenance will decrease the useful life and value of a vehicle, the useful life of construction equipment is also affected. Extending the useful life and adding run hours to equipment increases cost recovery. Delayed repairs and maintenance will almost always cost more than when routinely performed and maintained.
For an equipment fleet of any size, establishing good maintenance processes that maximize uptime and minimize maintenance costs requires a technology solution
Increase Preventive Maintenance
Specialized maintenance management software centralizes information about assets, including repair history, and allows contractors to streamline and standardize maintenance processes. With everything in one place online, contractors increase process efficiency and can better use data to drive maintenance key performance indicators (KPIs).
The opportunity to automate preventive maintenance and shift to a more proactive mode of operating may be the most important advantage that specialized software brings to a maintenance department.
Maintenance managers understand that adhering to preventive maintenance schedules allows them to do more work proactively and efficiently and less reactive work that increases costs and downtime. They also know this can be easier said than done when fleets are large, jobs are spread out geographically, and operational needs in the field are constantly changing.
Specialized maintenance software introduces automation and coordination. Instead of relying on spreadsheets, paper forms, and calculators to determine when to perform preventive maintenance, managers can rely on the software. Based on meter readings entered manually, telematics, and/or calendar dates, software can calculate maintenance intervals and alert the maintenance team.
This process alone can dramatically increase adherence to preventive maintenance schedules, but such software can deliver follow-on advantages that are equally significant.
When a manager assigns a mechanic to a jobsite for one specific maintenance requirement, software can indicate additional preventive maintenance requirements coming due or repair requests for that particular asset. The manager can also see other assets in the area that may need maintenance or repairs in the immediate future. This data makes it easier to maximize the mechanic's time and limit the number of times an asset has to be taken out of service.
Work orders generated by such software can also automatically alert a mechanic that a piece of equipment, a part, or a component is covered under warranty. In a fast-paced environment, such warranty coverage is easy to overlook when someone has to sort through paper files to verify it. A potential warranty may not be one's first priority when a repair is required, but having easy access to the warranty information can help facilitate this review process and generate significant cost savings.
Where Equipment Is & Where It Needs to Be
To optimize utilization and therefore minimize the cost of ownership for equipment assets, it is important to recognize that maintenance is not an isolated activity or workflow.
A software solution that makes maintenance processes more efficient, proactive, and preventive is the first step. Connecting that system to the solutions for scheduling and dispatching, field operations, telematics, and electronic forms can compound the advantages.
In order for equipment to be utilized, it must be deployed where it is needed. In most companies, this function is carried out by a scheduling and dispatching department. This team constantly tries to balance the equipment needs of jobs while also maximizing the utilization of owned equipment.
For a construction company with more than a few jobs and a few pieces of equipment, this can be very challenging.
To succeed, schedulers and dispatchers need to know the exact location of each piece of equipment at all times. This may sound simple, but without connecting GPS-tracking technology to the maintenance and dispatching solutions, it is very easy to lose track of a piece of equipment. It is not uncommon for equipment moves to be made by field operations without the schedulers and dispatchers knowing about it.
Such lapses in communication can lead to cost increases – for example, a given piece of equipment could be erroneously rented on one job while the same piece of equipment stands idle on another. This doubly impacts costs, as the contractor is not only losing utilization hours on the owned piece of equipment but is also paying rent.
Considering again the CAT D8 example, every day of lost utilization is $240 of unrecovered ownership costs. Currently, a one-day rental for a CAT D8 is about $650. Therefore, the total loss to the company is $890 per day. Without a technology solution in place, this situation could continue for weeks or months before anyone notices.
Staying Connected with the Field
Most heavy/highway contractors have geographically dispersed work, sometimes in remote areas, making it difficult to keep the maintenance operation in touch with what is required in the field.
Unified software systems bridge that gap. For example, managers in the field can report equipment hours in a timely and accurate manner with electronic field logs. They can also make requests for a piece of equipment or a repair in the software program they use to manage field operations.
Those requests are then communicated through the software programs used by the maintenance team, schedulers, and dispatchers. Since they automatically and immediately become visible, the lag time, errors, and ambiguity of phone calls, text messages, and paper forms are eliminated, along with any confusion about what is needed. When repairs or maintenance are required, the maintenance team finds out and can respond more efficiently – minimizing costs and downtime.
From the perspective of the schedulers and dispatchers, this cohesion has clear advantages. They can see the requirements from the field, the location, and maintenance status of each asset – all in real time.
Equipment inspections are another critical component of the maintenance process, and many contractors are realizing benefits by taking paper forms out of the equation. Electronic inspection forms can be customized to capture the right information for each specific piece of equipment. They can also capture richer data like photos and videos that can be transferred to the work order to assist mechanics.
Most important, electronic forms can be submitted instantly, minimizing the costly interval between when a repair requirement is identified and when it is corrected.
Telematics technology and the opportunities to leverage it have advanced considerably over the past decade. The challenge for construction companies lies in managing a deluge of valuable data, which often comes from multiple sources in multiple formats at multiple times. Aggregating and analyzing it manually takes too long and requires too much effort. Ideally, data should flow automatically to the maintenance software where it can drive preventive maintenance intervals.
Connectivity between the field, the office, and the shop relies on a mobile component to software solutions. Mobile technology allows personnel in the field to capture and communicate important field log and form data where and when it occurs. This is important for immediacy as well as accuracy.
For mechanics, a mobile app is essential to efficiency. Tablets give them the agility to adjust their schedules as requirements change and manage work orders in the field.
They can also access important documentation, including equipment manuals and warranty information, and submit time cards remotely.
You Can't Improve What You Don't Measure
Given the complexity of fleet management and the number of people involved, it is critical that company management have easy access to the data regarding various activities and metrics. A final, critical advantage of moving away from spreadsheets and offline tools to a specialized equipment maintenance software is the ability to track KPIs.
Improving maintenance processes is difficult unless a contractor knows how to measure current results and how those results compare to industry standards. Pulling the necessary data from spreadsheets and paper forms, however, is extremely time consuming and labor intensive. Unstructured, inconsistent information compounds the challenge of getting accurate results.
Specialized software can bring automation and structure to the data capture and analysis process. Contractors get better data with more immediacy. The top equipment maintenance KPIs tracked by Best in Class construction companies, and the industry benchmarks or targets for which they should aim, include:
- Maintenance Costs as a Percentage of Total Revenue – The most efficient and effective contractors get this number below 5%, while many companies spend 10-15%, and many companies without effective software have a hard time even tracking the number.
- Preventive Maintenance Hours – Heavy construction companies with proactive maintenance programs should spend 50% or more of their maintenance labor hours on preventive work.
- Planned & Unplanned Hours – Using maintenance labor hours as the measurement, construction companies should aim to schedule and plan 80% or more of work in advance. This maximizes the efficiency of their mechanics and minimizes disruptions to production in the field.
- Emergency Maintenance Hours – Some breakdowns are inevitable, but a good preventive maintenance program should limit the hours that mechanics spend on emergency maintenance to less than 10% of their overall hours.
- Maintenance Labor vs. Materials – As a company optimizing the efficiency of its maintenance team, labor should account for less than 75% of the total parts' costs.
It is important to note that this is a partial list. Additional KPIs that can and should be tracked with the assistance of a maintenance software solution include:
- Mechanic overtime hours, asset uptime;
- The mileage mechanics drive to get to jobsites;
- The time it takes to complete repairs once they have been identified;
- Maintenance costs as a percentage of the estimated replacement value of the fleet; and
- The percentage of work orders completed on time.
Strong ROI
The exact return on investment (ROI) from deploying a unified fleet management software solution varies by company. For example, heavy construction contractors using these types of solutions report such results as reducing four lowboy trucks and drivers to three, reducing unscheduled downtime from 20-30% to less than 5%, and cutting mechanics' average downtime almost in half.
Adopting best practices in fleet maintenance and management is a key component to achieving Best in Class net income results.
Key Terms
Deployment: placing a piece of equipment at a worksite where it is available to use.
Utilization: operating a piece of equipment at the worksite.
Equipment Billing Rate: the rate required to cover the ownership costs (depreciation, insurance, etc.) and the operating costs (fuel, maintenance, etc.) of the asset if it is operated at a planned number of hours. Best practice is to have separate rates for ownership and operating costs.
Unscheduled Downtime: the time an asset cannot be operated when it is deployed and needed on a worksite due to maintenance issues.
About the Authors
HERB BROWNETT, CCIFP, is the President of Brownett & Associates, LLC, a construction financial management consulting firm in Philadelphia, PA. Previously, he served as Executive VP of Textura Corp, as well as CFO, Senior VP, and VP of Finance for a variety of construction companies. Herb is a longtime member of CFMA, has served in numerous roles including CFMA's Chairman, and is currently Chairman of the ICCIFP.
Phone: 610-823-7615
E-Mail: email@example.com
DAVID FLYNN, CPA, is the CFO of B2W Software located in Portsmouth, NH. B2W Software has been serving heavy civil construction companies for over 25 years. David has been involved with CFMA for several years, is a founding member of the New Hampshire Chapter where he currently serves as Vice President, and participates on CFMA's Heavy/Highway Committee and Talking Heavy Task Force.
E-Mail: email@example.com

subset: commoncrawl


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Sun Filled, Spacious, Updated 1 Bedroom and 1 Bathroom Apartment In A Small, Quiet Intimate Building. Great Location, Loblaws, Lcbo, Banks, Coffee Shop, Bakery, Parks And Trails Within A 5 Minute Walk.
Property Id : 22785
Price: $ 1,600 Monthly
Property Size: 650.00 ft2
Rooms: 4
Bedrooms: 1
Bathrooms: 1
English Schools: Humber Valley Village, JMS. Etobicoke CI, Richview CI
French Schools: Rosethom Junior School, Early Immersion, Briarcrest Junior School, Junior Extended French, Valleyfield Junior School, Middle Immersion Program. Our Lady of Peace, Jk -Sk
Catholic Schools: Our Lady of Sorrows, JK - Gr8 St Demetrius Jk - Gr8
Closing Date: Immediately
Exclusions: Hydro Parking Extra
Other Features
Closet Space
Crown Moulding
Hardwood Floors
Water included


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The rate of home sales and storage unit purchases didn't break any records in the first two weeks of March. In fact, when compared to 2010, the sales rate dropped.
According to the Greater Toronto Real Estate Board, there were 4,138 home sales the first half of the month, a decline of 5 percent year-over-year. Furthermore, the number of homes being listed for sale also declined when compared to March 2010, dipping 15 percent.
Bill Johnson, president of the TREB, said the numbers are actually a positive sign for how Torontonians are faring in today's economic climate.
"A positive economic outlook for the Greater Toronto area, including steady growth in jobs and incomes, has kept households confident in their ability to purchase and pay for a home over the long term," Johnson said.
Still, Toronto's economic success may not be as prosperous as it could be. According to a recent report that tracks the economic performance of 24 international cities, the Greater Toronto area slid to eighth place on the Toronto Board of Trade's prosperity list. Last year, Toronto was the world's fourth most prosperous city.


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How to Get Rid of Jet Lag
Oh, to travel like George Clooney in Up in the Air: ultracool and unruffled by jet lag, motion sickness, and stuffed sinuses. Advice from medical researchers and seasoned travelers can get you there.
© Digital Vision/Thinkstock
Oh, to travel like George Clooney in Up in the Air: ultracool and unruffled by jet lag, motion sickness, and stuffed sinuses. Advice from medical researchers and seasoned travelers can get you there.
For each time zone you cross, your body needs about a day to catch up, says Robert Sack, MD, a sleep researcher at Oregon Health & Science University in Portland. Get a jump on things by starting to shift your sleep schedule before you leave, he suggests. Upon arrival, get out in the sun—in the early morning if you've traveled east and late afternoon if you've headed west. Melatonin can help too, Dr. Sack says. He takes 3 milligrams at bedtime on eastward trips, and 0.5 milligrams if he wakes up in the middle of the night after westward travel.
Whether you're on a boat, plane, car, or spaceship, motion sickness seems to have the same cause, says Jay Buckey, MD, an astronaut and researcher at Dartmouth Medical School: Your brain is struggling with conflicting information coming from eyes, ears, and joints. Dr. Buckey endured motion sickness himself on the space shuttle Columbia. His hard-earned advice: Keep your head as still as possible and look at something far away (preferably the horizon); don't read or stare at nearby fixed objects. On a cruise, get out on the deck for fresh air if you can, says John Bradberry, MD, fleet medical director for Carnival Cruise Lines. Ask for a cabin on the lower level and in the middle of the ship to minimize rocking motion.
Norovirus, the bug frequently responsible for news-making, cringe-inducing cruise-ship gastrointestinal outbreaks, can survive on door handles and other surfaces for weeks. Wash your hands thoroughly and often (soap and water seems more effective against this microbe than alcohol-based hand sanitizers). For constipation: "When I'm traveling, I make a point of drinking eight ounces of water every hour," says Sophie Dojacques, MD, a traveling ob-gyn. "Water really moves things along." Dr. Dojacques also carries magnesium supplements, since people who don't get enough magnesium in food tend to get constipated; up to 350 milligrams a day is safe. (A little extra magnesium may even help you sleep better—see page 158.)
Yawning or chewing gum can "pop" your ears—but if they're severely plugged, Dr. Buckey says, consider delaying your flight. Generally, though, taking a decongestant with pseudoephedrine at least half an hour before your flight helps keep ears unblocked.


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SPAC Will Be Getting A Face Lift
SPAC has been one of the Albany Area's venues for concerts in the summer since the 1960s.
The property has been in need of some repairs for quite some time.
According to a story from the Times Union, that will be happening this month and ending by the end of May. Bill and Susan Dake are the family owners of the Stewart's Shops and they're donating more than $500,000 dollars to the renovations. He is also SPAC's outgoing chairman.
This was supposed to happen in 2008 with state funded assistance for the renovations to the façade, but was halted due to the poor economy situation. I can't wait to see that changes next time WGNA brings a country concert there. What was your favorite country show at SPAC?


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Robbie Keane has backed his former strike partner Fernando Torres to rediscover his touch in front of goal sooner rather than later.
I find it amusing how he left a team starting a transition because he couldn't wait any longer and now he's stuck at another team about to start it's transition.
I hope for his own sake that he finds the net soon. I'm not a Chelsea fan but enough is enough, hurry up and score.
It appears that Torres is the exception to the old saying the form is temporary, class is permanent.


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With this high-resolution imaging radar system, coherent illumination in the 576-to-589-GHz range and phase-sensitive detection are implemented in an all-solid-state design based on Schottky diode sensors and sources. By employing the frequency-modulated, continuous-wave (FMCW) radar technique, centimeter-scale range resolution has been achieved while using fractional bandwidths of less than 3 percent. The high operating frequencies also permit centimeter-scale cross-range resolution at several-meter standoff distances without large apertures. Scanning of a single-pixel transceiver enables targets to be rapidly mapped in three dimensions, so that the technology can be applied to the detection of concealed objects on persons.
The system evolved from a tunable, continuous-wave (CW) 600-GHz vector imager system. The radar's key components, custom-built for a different application at JPL, are the Schottky-diode multipliers generating transmit powers of 0.3 to 0.4 mW over 576 to 595 GHz and a balanced fundamental mixer exhibiting a double-sideband noise temperature of ≈4,000 K over the same range. Also notable in the design is that residual phase-wander between the locked radio frequency (RF) and local oscillator (LO) K-band source synthesizers is canceled at an intermediate 450 MHz IF stage before final conversion to baseband through an IQ mixer.
To implement the FMCW chirp, a 2–4 GHz low-phase-noise commercial YIG synthesizer is used with a tuning bandwidth of 5 kHz, typically ramping over 350 MHz (subsequently multiplied by 36 to 12.6 GHz) in 50 ms. The chirp signal is up-converted onto the CW synthesizers' signals before multiplication. De-ramping of the FMCW waveform occurs at the 600 GHz receiver mixer. While high multiplication factors should be generally avoided in FMCW radar systems to minimize the impact of phase noise in the transmitted signal, in this case, the short standoff ranges produce a phase noise floor that lies below the thermal noise except for the brightest, mirrorlike specular targets.
The submillimeter power is transmitted first through a silicon wafer beam splitter and then a plano-convex Teflon lens with a diameter of 20 cm. This lens focuses the THz beam to a spot size of ≈ 2 cm at a standoff range of 4 m. To achieve scanned images, a flat mirror on a two-axis rotational stage deflects the beam in the desired direction.
This innovation is an improvement over an earlier submillimeter high-resolution radar. First, a faster frequency-sweeping method consisting of a wideband YIG oscillator has been implemented. Second, the data acquisition and signal processing software has been updated in order to deal with the faster radar pulse repetition rate.
The improvements mean that the 580-GHz imaging radar can now acquire three-dimensional images of people in about five minutes. It is also feasible to detect objects concealed by clothing. This capability is possible because of the improved speed and functionality of the imaging radar's hardware and software.
This work was done by Robert Dengler, Ken Cooper, Goutam Chattopadhyay, Peter Siegel, Erich Schlecht, Imran Mehdi, Anders Skalare, and John Gill of Caltech for NASA's Jet Propulsion Laboratory.
In accordance with Public Law 96-517, the contractor has elected to retain title to this invention. Inquiries concerning rights for its commercial use should be addressed to:
Innovative Technology Assets Management JPL Mail Stop 202-233 4800 Oak Grove Drive
Refer to NPO-45156, volume and number of this NASA Tech Briefs issue, and the page number.


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Feel relaxed by this muted yet opulent bedroom space.
Contemporary design comes together with fully functional office pieces to inspire.
Apply for easy monthly financing directly in the checkout. A simple, 2-step application will provide an instant approval decision. Once you've been approved, you'll receive reminders and can manage your payments directly in the Klarna app. Monthly financing products are offered by WebBank member FDIC.
Split your purchases into 4 payments so you can spread the cost of your purchase over time. Enter the credit or debit card of your choice for automatic payments every two weeks. No interest or added fees when you pay on time.


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Supreme Court Judgments
Bharat Sanchar Nigam Ltd. Vs. R. Santhakumari Velusamy & Ors.
1. The appellant, Bharat Sanchar Nigam Ltd., is the successor of the Department of Telecommunications, Ministry of Communications, and Government of India (for short `government' or `telecom department'). The question involved in these matters is whether rules of reservation will apply to upgradation of posts.
2. There were four grades of employees of telecom departments known as Telegraphists or Telecom Operating Assistants in the Telecom Department. Promotions from one grade to a higher grade were on the basis of seniority/departmental examination. The telecom department introduced an `One Time-Bound Promotion' scheme (`OTBP scheme' for short) in the year 1983-84 under which regular employees who had completed 16 years of service in a grade, were placed in the next higher grade. After some years, the employees unions demanded a second time-bound promotion on completion of 26 years of service in the basic grade, as Group C and Group D cadres were only entitled to one-time bound promotion. The government decided that a second time bound promotion was not feasible. However, to provide relief from stagnation in the grade, the government decided to have a Biennial Cadre Review (`BCR' for short) under which a specified percentage of posts could be upgraded on the basis of functional justification.
3. The BCR scheme was accordingly introduced vide Circular dated 16.10.1990. It was made applicable to those cadres in Group C and Group D, for which one-time bound promotion scheme on completion of 16 years of service in the basic grade was in force. Under the said scheme, employees who were in regular service as on 1.1.1990 and had completed 26 years of satisfactory service in the basic cadres, were to be screened by a duly constituted Committee to assess their performance and determine their suitability for advancement and if they were found suitable, to be upgraded in the higher scale. The upgradation was restricted to 10% of the posts in Grade III. We extract below the relevant terms of the BCR from the Circular dated 16.10.1990: ".......
(iii) Biennial Cadre Reviews will be conducted in respect of the eligible cadre at the level of circles who control these cadres.
(iv) At the time of review the number of officials who have completed/would be completing 26 years of service in the basic cadres including time spend in higher scale (OTBP) will be ascertained. The persons will be screened by the duly constituted Review committee to assess the performance and suitability for advancement.
(v) In the Biennial cadre review, suitable number of posts will be created by upgradation based on functional justification.
(vi) Creation of posts by upgradation will be in the scales indicated below:
Basic scale of the BCR on cadre
Scale after OTBP after 16 years of basic grade
Scale after completion of 26 years or more
1400-2300 (10% of the posts in the pay scale of 1600-2660 will be in the pay scale of Rs.2000-3200)
1640-2900 (10% of the posts in the pay scale of 1640-2900 will be in the pay scale of Rs.2000- 3200)
(vi) xxx xxx xxx
(viii) Necessary posts will be created by upgradation under the powers of CGMs in consultation with their accredited finance.
(ix) The first Biennial Cadre Review for eligible cadres/officials may be conducted immediately covering the period upto 30.6.1992 to ascertain the eligible officials who have completed/will be completing 26 years of services or more as on the crucial dates, namely, the date of the review 01.1.1991, 01.7.1991 and 01.1.1992. The number of posts needed or provide for the promotion of the eligible persons will be determined and will be sanctioned/activated in four installments the first immediately, the second on 01.9.1991, the third on 01.7.1991 and the fourth on 01.1.1992. With these posts, it should be possible be provide for promotion of those employees who have completed 26 years of service or more on the above crucial dates, subject to their otherwise being found fit.
The criterion for promotion will be seniority, subject to selection. Order implementing the first installment of cadre review should be issued before 30.11.1990. In the second cadre review, which will cover the period from 1.7.1992 to 30.6.1994, which should be completed before 01.7.1992, the required number of posts needed to be released in half yearly installments on 1.7.1992, 1.1.1993, 1.7.1993 and 1.1.1994 to cater for promotion of those who would have completed 26 years of service on the four crucial dates, will be ascertained and sanctions released in appropriate installment so that the promotions of eligible personnel could be notified on due dates. ......"
4. The Government issued the following clarification regarding designations by circular dated 11.3.1991:
State of Entry
Grade allotted
Initial Entry (Basic grade)
Grade I
OTBP scale
Grade II
BCR scale
Grade III
10% of posts in BCR pay scales to be placed in pay scale of 2000-3200
Grade IV
By letter dated 7.5.1993, the telecom department clarified that there were no sanctioned posts in regard to 10% BCR and the number of posts depend upon the number of BCR officials available; and that therefore no local officiating arrangement could be made if an official in the 10% BCR retired before the next review.
5. By circular dated 13.12.1995, the government formulated the procedure regarding promotion to Grade IV. Under the said procedure, promotions to Grade IV were to be based on seniority in the basic grade from among the officers in Grade III subject to fitness determined in the usual manner of OTBP. By a clarificatory Circular dated 1.3.1996, the government issued a clarification that promotion to Grade IV would be given from among officials in Grade III on the basis of their seniority in the basic grade, subject to fulfillment of other conditions and that normal rules of reservation would apply to promotions in Grade IV.
6. The circular of the telecom department dated 1.3.1996 applying rules of reservations to promotions to Grade IV under BCR was challenged by the All India Non SC/ST Telecom Employees Association on the ground that principles of reservation would not apply for upgradation of existing posts which did not carry any change in duties and responsibilities. The Central 6Administrative Tribunal, Ahmedabad Bench by its order dated 11.4.1997 (OA No.623/1996 - All India Non-Schedule Caste/Schedule Tribe Telecom Employees Association v. Union of India) held that the department could not apply reservation rules while upgrading the posts under the BCR scheme and directed the department to take appropriate action for effecting promotions to the upgraded posts without applying the reservation roster.
The writ petition (SCA No.7576 of 1997) filed by the government challenging the said order of the Tribunal (Ahmedabad Bench) was dismissed by the Gujarat High Court by order dated 24.3.1999. In view of the said decision, the Government issued an order dated 8.9.1999 directing that a Review DPC be held and all ineligible officers wrongly promoted to Grade IV by application of reservation roster as per office order dated 1.3.1996, should be reverted back and all eligible officers should be placed in Grade IV and their pay should be fixed notionally. As a consequence of the said Circular dated 8.9.1999, the contesting respondents were reverted from Grade IV to Grade III.
7. Feeling aggrieved, the contesting respondents filed applications before the Madras Bench of the Tribunal. They challenged the validity of the said order dated 8.9.1999 and sought its quashing and also sought a direction to the government to permit them to continue in Grade IV. Similar applications 7were filed before the Tribunal's Bangalore Bench. A Full Bench of the Tribunal at Bangalore allowed the applications by order dated 26.4.2000.
It held : "Through the mechanism of grant of time-bound advancements to the higher scales of pay with different designations, or through appointments to posts which are upgraded with higher scales of pay within a given cadre, entailing creation of additional posts or not, essentially what takes place is a process of advancement/appointment to these higher scales of pay. We are convinced that this process can only be treated as promotion in the light of the principle laid down by the Hon'ble Supreme Court that an appointment to a higher scale of pay even at the same post and even without involving any additional responsibilities can still be a promotion.
Even if in a given situation, the creation of the upgraded posts with higher scales of pay do not result in a net addition to the existing number of posts in that cadre, but is specifically and explicitly created to remove stagnation, to follows that those upgraded posts involving higher scales of pay are in effect a substitute for promotion. It is so because either through a regular promotion in terms of the Cadre and Recruitment rules or through the creation of the upgraded posts in the same cadre with a higher scale of pay what is sought to be achieved is the provision of opportunities for career advancement which, in the circumstances, is synonymous with promotional opportunities.
Once this basic objective for the creation of upgraded posts is understood and appreciated, we are of the firm opinion that such provisions for career advancement through appointments to upgraded posts cannot be treated for the purpose of reservation of special categories like SCs and STs differently from appointments to posts which are designated in particular as promotional posts. In our view, it is also absolutely immaterial as to whether the mode of appointment to these upgraded posts with higher scales of pay is by selection or by merely applying the criterion of seniority subject to fitness. In fact, it is evident that appointments to a number of posts which are specifically designated as promotional posts are also made on the basis of seniority-cum-fitness. Therefore, the adoption of that latter criterion for appointment to a upgraded post by itself cannot make such an appointment as non-promotional appointment. On this score drawing a distinction between upgradation and promotion based on the nomenclature only does not appear to be tenable."
8. The Full Bench of the Tribunal differed from the decision of its Ahmadabad Bench and held that the decision of the Gujarat High Court affirming the said decision was also of no assistance as it was at variance with the decisions of this Court in Union of India vs. S.S. Ranade - 1995 (4) SCC 462, Lalit Mohan Deb v. Union of India - 1973 (3) SCC 862, State of Rajasthan vs. Fateh Chand Soni - 1996 (1) SCC 562, and Ram Prasad vs. D.K. Vijay - 1999 (7) SCC 251. It held that the BCR upgradation to Grade IV in the telecom department amounted to promotion, attracting reservation for SCs and STs.
9. Following the said decision of the Full Bench of the Tribunal, the Madras Bench of the Tribunal by order dated 25.7.2000 allowed the applications filed by the contesting respondents herein and directed the government to restore the contesting respondents to their promoted posts which they were holding before the order dated 8.9.1999. The Telecommunication Department challenged the said order of the Tribunal by filing a batch of writ petitions before the Madras High Court. The Madras High Court, by the impugned order dated 18.10.2004, dismissed the writ petitions upholding the order of the Tribunal.
10. The said order is challenged in these appeals by special leave by the appellant. The appellant has put forth the following contentions :(i) There is a clear distinction between upgradation and promotion. While promotion involves advancement in rank, grade or both and is always a step towards advancement to higher position, grade or honour, upgradation does not involve promotion to a higher position and the pedestal of the employee remains the same and the employee is merely conferred some financial benefits by granting a higher pay scale, to overcome stagnation. The BCR scheme introduced as per order dated 16.10.1990 was a scheme of upgradation and not promotion.(ii) Where there is only upgradation of existing posts, with creating additional posts, principles of reservation would not apply. The Tribunal and the High Court committed a serious error by treating upgradation as a promotion to which reservation rules would apply. The Tribunal and the High Court ought to have followed the decision of this Court in All India Employees Association (Railways) vs. V.K. Agarwal - 2001 (10) SCC 165 and the decision of the Gujarat High Court dated 24.3.1999 in Special Civil Application No.7576 of 1997 - Union of India vs. All India Non SC/ST Telecom Employees Association.
11. Article 16(4) enables the State to make any provision for reservation of appointment or posts in favour of any backward classes of citizens. Article 16(4A) enables the State to make any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of 10posts in the services under the State in favour of Scheduled Castes and Scheduled Tribes, which in the opinion of the State, are not adequately represented in the services under the State. As upgradation involves neither appointment nor promotion, it will not attract reservation. Upgradation involves mere conferment of financial benefits by providing a higher scale of pay.
If there is mere upgradation of posts, as contrasted from promotion, reservation provisions would not apply. [See : All India Employees Association (Railways) vs. V.K. Agarwal - 2001 (10) SCC 165 and Union of India vs. V. K. Sirothia - 2008 (9) SCC 283]. In V.K. Agarawal this Court held : "It appears from all the decisions so far that if as a result of reclassification or readjustment, there are no additional posts which are created and it is a case of upgradation, then the principle of reservation will not be applicable. It is on this basis that this Court on 19.11.1998 had held that reservation for SC and ST is not applicable in the upgradation of existing posts and CA No.1481 of 1996 and the connected matters were decided against the Union of India.
The effect of this is that where the total number of posts remained unaltered, though in different scales of pay, as a result of regrouping and the effect of which may be that some of the employees who were in the scale of pay of Rs.550-700 will go into the higher scales, it would be a case of upgradation of posts and not a case of additional vacancy or post being created to which the reservation principle would apply. It is only if in addition to the total number of existing posts some additional posts are created that in respect of those additional posts the reservation will apply, but with regard to those additional posts the dispute does not arise in the present case. The present case is restricted to all existing employees who were redistributed into different scales of pay as a result of the said upgradation."
(emphasis supplied)
The decision of this Court in V.K. Sirothia arose from a decision of the Allahabad Bench of the Tribunal which expressed a similar view (in V.K. Sirothia vs. Union of India - O.A. No.384/1986). The Tribunal held : "The restructuring of posts was done to provide relief in terms of promotional avenues. No additional posts were created. Some posts out of existing total were placed in higher grade to provide these avenues to the staff who were stagnating. The placement of these posts cannot be termed as creation of additional posts.
There were definite number of posts and the total remained the same. The only difference was that some of these were in a higher grade. It was deliberate exercise of redistribution with the primary object of betterment of chance of promotion and removal of stagnation." The Union of India challenged the said order of the Tribunal and this Court by a brief order dated 19.11.1998 (Union of India vs. V.K. Sirothia - 2008 (9) SCC 283) dismissed the appeal by a brief order. The relevant portion of the said order is extracted below : "The finding of the Tribunal that "the so-called promotion as a result of redistribution of posts is not promotion attracting reservation" on the facts of the case, appears to be based on good reasoning. On facts, it is seen that it is a case of upgradation on account of restructuring of the cadres, therefore, the question of reservation will not arise. We do not find any ground to interfere with the order of the Tribunal."
12. We may next consider the concepts of `promotion' and `upgradation'. In Lalit Mohan Deb, this Court explained the difference between a promotion post and a selection grade : "It is well recognised that a promotion post is a higher post with a higher pay. A selection grade has higher pay but in the same post. A selection grade is intended to ensure that capable employees who may not get a chance of promotion on account of limited outlets of promotions should at least be placed in the selection grade to prevent stagnation on the maximum of the scale. Selection grades are, therefore, created in the interest of greater efficiency."In Tarsen Singh vs. State of Punjab - 1994 (5) SCC 392, this Court defined `promotion' thus : "Promotion as understood under the service law jurisprudence means advancement in rank, grade or both. Promotion is always a step towards advancement to a higher position, grade or honour."
13. In S.S. Ranade the scope and meaning of the word `promotion' was considered. The issue in that case was whether a Commandant (Selection Grade) held a higher rank than a Commandant and consequently entitled to be superannuated at a later age of 58 years instead of 55 years. This Court, following the decision in Lalit Mohan Deb, held as follows: "Undoubtedly, a Commandant who becomes a Commandant (Selection Grade) secures a promotion to a higher pay scale. But it is a higher pay scale in the same post.
The use of the word 'promotion' in Rule 6 and the Constitution of a Departmental Promotion Committee for selection of Commandant (Selection Grade) in Rule 7, do not necessarily lead to the conclusion that the promotion which is contemplated there is necessarily a promotion to a higher post. Promotion can be either to a higher pay scale or to a higher post. These two Rules and the use of the word 'promotion' there do not conclude the issue. xxx xxx xxx In the present case, an element of selection is involved in granting selection grade because there is no automatic promotion to the selection grade pay scale. But this factor is not decisive. In the present case also, as in the above cases, Selection Grade posts are created entirely for the purpose of granting some relief to those who have very limited avenues of getting promotion to a higher post. That is why a higher pay or pay scale is granted in the same post.
Thus, by its very nature, a selection grade post cannot be considered as a higher post for the purposes of Rule 9. ...Because the creation of a selection grade in the same post stands on a very different footing. By its very nature a selection grade provides a higher pay or a higher pay scale in the same post. The beneficiary of a selection grade does not thereby occupy a post which is higher in rank than the post earlier occupied by him." (emphasis supplied)On facts, this Court found that the respondent therein required a promotion which resulted in occupation of a post which was higher in rank than the post earlier occupied, to get the relief of longer service. This Court held that though his promotion from Commandant to Commandant (Selection Grade), resulted in a promotion to a higher pay scale, that was not sufficient to grant relief to the respondent therein as his promotion to selection grade did not involve advancement to a higher post.
14. In Fateh Chand Soni, this Court following Ranade defined `promotion' thus: "The High Court, in our opinion was not right in holding that promotion can only be to a higher post in the service and appointment to a higher scale of an officer holding the same post does not constitute promotion. In the literal sense the word "Promote" means "to advance to a higher position, grade, or honour". So also "Promotion" means "advancement of preferment in honour, dignity, rank or grade". [See: Webster's Comprehensive Dictionary, International Edition, p. 1009]. "Promotion" thus not only covers advancement to higher position or rank but also implies advancement to a higher grade. In service law also the expression "Promotion" has been understood in the wider sense and it has been held that "Promotion can be either to a higher pay scale or to a higher post."
15. The distinction between upgradation and promotion was spelt out by a Full Bench of the Kerala High Court in N.G. Prabhu vs. Chief Justice, Kerala High Court - 1973 (2) Lab. IC 1399, thus : "Promotion is, of course, appointment, to a different post carrying a higher scale of pay in the service. If, to better the conditions of service of the incumbents in posts in the same category the scale of pay of all the posts in the category is raised, the incumbents would naturally get the higher scale of pay. But in such a case it may not be proper to characterize the event as a promotion to higher posts though a benefit of a higher scale of pay is obtained by all concerned. In other words, if the upgradation relates to all the posts in a category naturally, there is no sense in calling it a promotion of all the persons in that category.
That is because there is no question of appointment from one post to another. Parties continued to hold same posts but get a higher scale of pay. It may be that it is not all the posts in a particular category that are so upgrade, but only a part of it. Normally, the benefit of such upgradation would go to the seniors in the category. They would automatically get a higher scale of pay. That is because though their posts continue in the same category a higher scale of pay is fixed for those posts. It is appropriate then to say that the seniors have been nominated to the higher grade which has been so created by upgradation.
This phenomenon does not differ from the case where all the posts are upgraded and, it appears to us that those who get the higher grade cannot be said to have been `promoted' because here again there is no question of appointment from one post to another. They continue to hold the same post, but because of seniority in the same post they are given a higher scale of pay. When a person is nominated to the higher scale of pay from time to time based on seniority, it may perhaps be loosely termed as a promotion."
16. But even in cases where no additional posts were created, but where a process of selection was involved in the upgradation, the process has to be considered not as an upgradation simplicitor, but a process of promotion and therefore the principles of reservation would be attracted. We may refer to the Constitution Bench decision of this Court in Ram Prasad (supra) where this Court held that appointment from senior scale to selection scale is a promotion though it may not be a promotion to a higher position and consequently the reserved candidates are entitled to be promoted to the selection scale by way of roster points. For this purpose, the Constitution Bench relied upon the decision of Fateh Chand Soni.
17. In Fateh Chand Soni (supra), the issue was whether seniority in the selection grade (in the Rajasthan Police Service) was to be fixed on the basis of date of appointment to the selection scale or on the basis of seniority in the senior scale irrespective of the date on which appointment was made to the selection scale. This Court held that appointment to the selection scale of an officer in the senior scale in the service constituted promotion and seniority in the selection scale had to be fixed on the basis of the date of selection and a person selected and appointed as a result of an earlier selection would rank senior to a person who is selected and appointed as a result of a subsequent selection. We note below the reasoning of this Court :
"In Lalit Mohan Deb v. Union of India, the pay scale of all the Assistants in the Civil Secretariat in Tripura was Rs.80-180 and on the basis of the recommendations of the Second Pay Commission appointed by the Government of India the scales were revised and 25% of the posts were placed in the Selection Grade in the scale of Rs. 150-300 and the rest continued in the old pay scale of Rs.80-180. For the purpose of filling the Selection Grade posts, a test was held and those who qualified in the said test were appointed to the Selection Grade. The Assistants in the Selection Grade and the Assistants in the old pay scale were doing the same type of work.
This Court observed that "provision of a Selection Grade in the same category of posts is not a new thing" and that "a Selection Grade is intended to ensure that capable employees who may not get a chance of promotion on account of limited outlets of promotions should at least be placed in the Selection Grade to prevent stagnation on the maximum of the scale" and that "Selection Grades are, therefore created in the interest of greater efficiency". The Court took note of the fact that the basis for selection of some of the Assistants to the Selection Grade scale was seniority-cum-merit which is one of the two or three principles of promotion widely accepted in the administration and, therefore, the creation of Selection Grade in the category of Assistants was not open to challenge.
In that case, the Court had proceeded on the basis that the appointment to the higher grade amounted to promotion. The Rules governing appointment to the Selection Scale in the Service also envisage that such appointment constitutes promotion. The relevant provision is contained in Rule 28(A) of the Rules which prescribes the criteria, eligibility and procedure for promotion to Junior, Senior and other posts encadred in the Service. Under sub-rule (5) of Rule 28(A) promotion from the lowest post or category of post in the Service to the next higher post or category of post in the Service is required to be made strictly on the basis of seniority-cum-merit. Sub-rule (6) of Rule 28(A) provides that selection for promotion to all other higher posts or higher categories of posts in the Service shall be made on the basis of merit and on the basis of seniority-cum-merit in the proportion of 50:50."
18. In Dayaram Asanand Gursahani v. State of Maharashtra - 1984 (3) SCC 36 a three Judge Bench of this Court held : ".........As mentioned earlier, the selection grade post is not a post to which promotion has to be made nor is there any efficiency bar rule attached to it. Further it is not shown that the Governor had issued any executive instructions as it had been done in Sant Ram Sharma v. State of Rajasthan and Anr. (1968) 1 SCR 111 and in Lalit Mohan Deb and Ors. v. Union of India and Ors. (1973) 3 SCC 862 enabling the High Court to withhold increments in the extended pay scale which is in this case called as selection grade pay scale. The pay scale to which a judicial officer is entitled is a condition of service which can be regulated by a statute or rules made under the proviso to Article 309 or by executive instructions issued under Article 162 of the Constitution.
It cannot come within the range of the expression 'control' in Article 235 of the Constitution. (See B.S. Yadav and Ors. etc. v. State of Haryana and Ors. etc. (1981) 1 SCR 1024). It is only where there is such a law, rule or executive instruction, the High Court may act under Article 235 of the Constitution to sanction it or to refuse to sanction it. We are of the view that in the present case the mere nomenclature given to the extended pay scale as the selection grade pay scale does not lead to the inference that there is an element of selection involved in sanctioning it. In the circumstances it should be treated as just an extended pay scale which forms part of the pay scale of Rs. 900-1800 as clarified in two Government orders sanctioning the selection grade posts.........."
The aforesaid decision in Dayaram Asanand Gursahani was distinguished in Fateh Chand Soni on the following reasoning : "The High Court has referred to the decision of this Court in Dayaram Asanand Gursahani v. State of Maharashtra and Ors. [1984] 2 SCR 703, wherein, after considering the resolution of the State Government sanctioning the post of District Judge in the Selection Grade, this Court has held that the said resolution did not indicate that there was any process of promotion by selection or otherwise from the cadre of District Judges to the Selection Grade District Judges.
In the particular facts of that case it was held that mere nomenclature given to the extended pay scale as the Selection Grade pay Scale does not lead to the inference that there is no element of selection involved in sanctioning it and that it should be treated as just an extended pay scale which forms part of the pay scale. The position in the present case is, however, different. Here the Selection Scale is a separate scale and is not an extension of the Senior Scale. Moreover appointment to the Selection Scale is made by selection on the basis of merit and seniority-cum-merit in accordance with Rule 28(A) of the Rules."
19. In view of the decisions in Dayaram Asanand Gursahani, Fateh Chand Soni and Ram Prasad, the position that emerges is that even where the upgradation does not involve appointment to a different or higher post, but is as a result of a promotional process involving selection, then the principles of reservation are attracted.
20. In Union of India vs. Pushpa Rani - 2008 (9) SCC 242, this Court examined the entire case law and explained the difference between upgradation and promotion thus : "In legal parlance, upgradation of a post involves transfer of a post from lower to higher grade and placement of the incumbent of that post in the higher grade. Ordinarily, such placement does not involve selection but in some of the service rules and/or policy framed by the employer for upgradation of posts, provision has been made for denial of higher grade to an employee whose service record may contain adverse entries or who may have suffered punishment.
The word `promotion' means advancement or preferment in honour, dignity, rank, grade. Promotion thus not only covers advancement to higher position or rank but also implies advancement to a higher grade. In service law, the word `promotion' has been understood in wider sense and it has been held that promotion can be either to a higher pay scale or to a higher post. Once it is recognized that additional posts becoming available as a result of restructuring of different cadres are required to be filled by promotion from amongst employees who satisfy the conditions of eligibility and are adjudged suitable, there can be no rational justification to exclude applicability of policy of reservation while effecting promotions, more so because it has not been shown that procedure for making appointment by promotion against such additional posts is different than the one prescribed for normal promotion.
Policy contained in Letter dated 9.10.2003 has been framed with a view to strengthen and rationalize the staffing pattern. For this purpose, the Ministry of Railways undertook review of certain cadres. The basis of the review was functional, operation and administrative requirement of the Railways. This exercise was intended to improve efficiency of administration by providing incentives to existing employees in the form of better promotional avenues and at the same time requiring promotees to discharge more onerous duties.
The policy envisaged that additional posts becoming available in the higher grades as a sequel to restructuring of some of the cadres should be filled by promotion by considering such of the employees who satisfy the conditions of eligibility including minimum period of service and who are adjudged suitable by the process of selection. This cannot be equated with upgradation of posts which are required to be filled by placing existing incumbents in the higher grade without subjecting them to the rigor of selection. It has therefore to be held that the Railway Board did not commit any illegality by directing that existing instructions with regard to the policy of reservation of posts for SC and ST will apply at the stage of effecting promotion against the additional posts.
The Tribunal committed serious illegality by striking down para 14 of letter dated 9.10.2003. Matters relating to creation and abolition of posts, formation and structuring/restructuring of cadres, prescribing the source/mode of recruitment and qualifications, criteria of selection, evaluation of service records of employees fall within the exclusive domain of employer. What steps should be taken for improving 19 efficiency of the administration is also the preserve of the employer. Power of judicial review can be exercised in such matters only if it is shown that the action of the employer is contrary to any constitutional or statutory provision or is patently arbitrary or is vitiated by mala fides. The court cannot sit in appeal over the judgment of the employer and ordain that a particular post be filled by direct recruitment or promotion or by transfer.
The court has no role in determining the methodology of recruitment or laying down the criteria of selection. It is also open to the court to make comparative evaluation of the merit of the candidates. The court cannot suggest the manner in which the employer should structure or restructure the cadres for the purpose of improving efficiency of administration." (emphasis supplied) In Pushpa Rani, this Court while considering a scheme contained in the letter dated 9.10.2003 held that it provided for a restructuring exercise resulting in creation of additional posts in most of the cadres and there was a conscious decision to fill-up such posts from promotion from all eligible and suitable employees and, therefore, it was a case of promotion and, consequently, reservation rules were applicable.
21. On a careful analysis of the principles relating to promotion and upgradation in the light of the aforesaid decisions, the following principles emerge :(i) Promotion is an advancement in rank or grade or both and is a step towards advancement to higher position, grade or honour and dignity. Though in the traditional sense promotion refers to advancement to a higher post, in its wider sense, promotion may include an advancement to a higher pay scale without moving to a different post. But the mere fact that both - 20that is advancement to a higher position and advancement to a higher pay scale - are described by the common term `promotion', does not mean that they are the same.
The two types of promotion are distinct and have different connotations and consequences. (ii) Upgradation merely confers a financial benefit by raising the scale of pay of the post without there being movement from a lower position to a higher position. In an upgradation, the candidate continues to hold the same post without any change in the duties and responsibilities but merely gets a higher pay scale.(iii) Therefore, when there is an advancement to a higher pay scale without change of post, it may be referred to as upgradation or promotion to a higher pay scale. But there is still difference between the two.
Where the advancement to a higher pay-scale without change of post is available to everyone who satisfies the eligibility conditions, without undergoing any process of selection, it will be upgradation. But if the advancement to a higher pay-scale without change of post is as a result of some process which has elements of selection, then it will be a promotion to a higher pay scale. In other words, upgradation by application of a process of selection, as contrasted from an upgradation simplicitor can be said to be a promotion in its wider sense that is advancement to a higher pay scale.
(iv) Generally, upgradation relates to and applies to all positions in a category, who have completed a minimum period of service. Upgradation, can also be restricted to a percentage of posts in a cadre with reference to seniority (instead of being made available to all employees in the category) 21and it will still be an upgradation simplicitor. But if there is a process of selection or consideration of comparative merit or suitability for granting the upgradation or benefit of advancement to a higher pay scale, it will be a promotion. A mere screening to eliminate such employees whose service records may contain adverse entries or who might have suffered punishment, may not amount to a process of selection leading to promotion and the elimination may still be a part of the process of upgradation simplicitor.
Where the upgradation involves a process of selection criteria similar to those applicable to promotion, then it will, in effect, be a promotion, though termed as upgradation. A (v) Where the process is an upgradation simplicitor, there is no need to apply rules of reservation. But where the upgradation involves selection process and is therefore a promotion, rules of reservation will apply.(v) Where there is a restructuring of some cadres resulting in creation of additional posts and filling of those vacancies by those who satisfy the conditions of eligibility which includes a minimum period of service, will attract the rules of reservation. On the other hand, where the restructuring of posts does not involve creation of additional posts but merely results in some of the existing posts being placed in a higher grade to provide relief against stagnation, the said process does not invite reservation.
22. In this case, the BCR scheme did not involve creation of additional posts but merely restructured the existing posts as a result of which 10% of the posts in Grade III were placed in a higher grade (Grade IV) to give relief against stagnation. This is evident from the terms of the BCR scheme and the clarification contained in the letter dated 7.5.1993 that no posts were sanctioned, as far as 10% BCR was concerned.
23. In this case, the BCR scheme dated 16.10.1990 provided that the persons who had completed 26 years of service would be screened by a duly constituted Review Committee to assess the performance and suitability for advancement. The screening was for the limited purpose of finding out whether the service record of the employee contained any adverse entries or whether the employee had suffered punishment. The screening process did not involve consideration of comparative merit nor involve any selection. The 10% posts were upgraded strictly by seniority subject to screening. This is evident from the terms of BCR scheme and the Circular dated 13.12.1995 which provided that the promotions to Grade IV were to be based on seniority in the basic grade from among the officers in Grade III, subject to fitness determined as per OTBP manner, that is screening to ascertain whether there are any adverse comments or punishment against the employee concerned.
24. To sum up, the BCR scheme was an upgradation scheme to give relief against stagnation. It did not involve creation of any new posts. It did not involve advancement to a higher post. It did not involve any process of selection for conferment of the benefit of higher pay-scale. The upgradation was given to the senior most 10% of BCR scale employees in Grade III strictly as per seniority. BCR scheme as per circular dated 16.10.1990 was thus a scheme for upgradation simplicitor without involving any creation of additional posts or any process of selection for extending the benefit. Such a scheme of upgradation did not invite the rules of reservation.
25. We accordingly allow these appeals, set aside the orders of the High Court and the Tribunal and dismiss the Original Applications challenging the order of the telecom department dated 8.9.1999.
.................................J. (R V Raveendran)
.................................J. (Markandey Katju)
New Delhi;
September 6, 2011.


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Mobile device management (MDM) solutions for Bring Your Own Device (BYOD) programs have always been sensitive territory, because this is where personal and corporate technology intersects. I recently spent some time trying MokaFive for iOS, and I found it to be a flexible MDM solution that can adapt to the changing requirements of a BYOD program.
MokaFive for iOS creates a secure container on an iPad or iPhone called a LiveData container. This is ideal for BYOD, because the end user maintains control over their Angry Birds, music, and personal email, while corporate data, network access, and apps sit securely in an encrypted container.
Using the MokaFive app
The MokaFive app is a free download from the App Store. Using it on an iPad or other iOS device requires a MokaFive server installation. Organizations could install the app as part of an onboarding process, but it would be just as easy to direct users to download the app and login to get started.
MokaFive includes the following features:
- Connection to secure corporate file shares
- A corporate IT managed LiveData container to safeguard corporate data on a personal iOS device
- Local file cache for offline access to documents
Figure A shows the MokaFive trial site open in the MokaFive app:
Figure A
Documents in MokaFive.
The MokaFive app also offers native support for PDF documents with annotation capabilities, including markup, sticky notes, and various stamps to mark a document as draft or confidential. Using this native support means you can keep all document access within the LiveData Container. Figure B shows a PDF document open in the MokaFive app:
Figure B
PDF open in MokaFive.
The benefit of using the native PDF support in MokaFive vs. Adobe Reader is that all of the document editing takes place inside the secure container.
MokaFive for iOS also supports the offline caching of corporate documents within the secure container. However, it's not as user friendly as Alfresco Mobile and requires some back end setup to make-work.
MokaFive user settings
While the MokaFive user settings aren't too sensitive, I still think that organizations need to have some training, standards, and documentation about such settings. This will help with user/help desk communications and build further BYOD user self-sufficiency.
MokaFive app users can access the following application settings:
- Local Storage for setting maximum file size and device storage
- Passcode Lock
- Network settings
Settings also include the user and console names. Figure C shows the MokaFive app settings:
Figure C
MokaFive app settings.
MokaFive and SharePoint
If your organization is standardized on SharePoint, you might be looking at Harmon.ie or one of the other top SharePoint apps for the iPad to outfit your BYOD users. MokaFive supports direct access via the mobile browser to SharePoint sites on your corporate network, provided you have sufficient privileges. This SharePoint access doesn't require a VPN.
While I didn't have the opportunity to test SharePoint access through MokaFive, such an option in an MDM solution could be appealing to an organization that relies on SharePoint. However, during my testing of SharePoint apps on the iPad, I found them generally much easier to use than browser-based access to a SharePoint site.
Managing MokaFive
MokaFive does a good job of providing centralized management tools and over 30 management and security policies. Administrators also get the option to specify if/how data is shared outside of the LiveData container, whether it's saving the data to the local device or sending it to another user.
When I was testing the MokaFive backend, I was prompted to download a client app, which seemed a bit archaic. However, this was only part of the test drive — not their customer solution. As with any trial, be sure to ask questions.
And while I see flexible settings to be a plus for an MDM solution, in the wrong hands, it can be a con as well. I've seen security policies go to the extreme, with IT management having the attitude to wait until enough people complain to throttle back on policies. The flexible policies in a platform like MokaFive could lead to the same thing, unless there are some overarching BYOD guidelines to help make those security policy decisions for the organization and communicate them to the end-user community.
Final thoughts
As a solution, MokaFive for iOS focuses on managing corporate data, not the physical BYOD device. While this is the approach you want for an MDM solution, it might be counterintuitive to some people in your organizations. Thus, MokaFive or even general MDM training and explanations might be required, depending on your management and user community.
MokaFive delivers a very usable client app that shouldn't require too much of a learning curve for newer users. They are flexible and policy driven. Ultimately, this makes it less of a hassle to execute the inevitable changes as lessons learned from supporting BYOD users and other business requirements dictate policy changes.


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Regaining the Joy of Intimacy
Whatever your concerns about sexuality or intimacy, overcoming them requires open communication with your partner.
Dr. Sally Kydd, coauthor of the book Intimacy After Cancer: A Woman's Guide (Big Think Media, October 2006), refers to concerns about sexuality and intimacy as "the elephant in the room that no one talks about but that affects almost every woman treated for cancer." The many physical and emotional changes that follow a cancer diagnosis can affect sex and intimacy. Openly addressing these changes with your partner and your healthcare team will help resolve problems that may arise and will allow you to continue to experience the joy of positive intimate and sexual relationships.
Cancer can entail a range of physical and emotional responses, but two of the most common sexual concerns expressed by women after a cancer diagnosis are libido loss and vaginal dryness. According to Dr. Kydd and her coauthor, medical writer Dana Rowett, there are steps women can take to deal with these and other concerns.
"Loss of libido can stem from fatigue," says Rowett. She notes that women often face a range of demands in their lives even before a cancer diagnosis. When cancer and cancer treatment are added to the challenges of family, home, and work, it's not surprising that sex sometimes falls to the bottom of the list. One solution, explains Rowett, is to schedule sex for the time of day when you have the most energy. Similarly, if you're taking a medication that interferes with libido, you may want to schedule sex for when the medication is least potent.
Another important step is to retrain your mind to think sexually. "A woman's biggest sexual organ is her mind," says Rowett. "If you can get your mind thinking about it again, the rest will come."
"Sometimes libido comes back," says Dr. Kydd, "but I think one needs to encourage it." Part of that process may involve reevaluating what pleases you sexually. If you've had breast surgery and reconstruction, for example, you may no longer have sensitivity in your breasts. It's also possible that types of sexual contact that you enjoyed before cancer may no longer be pleasurable. "Women can reach orgasm," says Dr. Kydd, "but they have to find out for themselves what is pleasing—and then they need to teach their partners.
"One of the biggest passion-killers," she notes, "is painful intercourse. Women need to learn how to ensure that sex is no longer painful." For many women who have had cancer, a common source of pain during sex is vaginal dryness. Menopause, cancer treatment, or a combination of the two can reduce vaginal moisture. Natural or induced menopause is also linked with reduced fat around the vagina and a thinning of the vaginal walls. Dr. Kydd recalls talking to one woman who said that her vagina "felt like tissue paper."
Liberal use of vaginal lubricants can help dramatically. You may need to try different products to find the one that works best for you. Warming lubricants, for example, may not feel good if you are already experiencing vaginal burning.
Whatever your concerns about sexuality or intimacy, overcoming them requires open communication with your partner. "Communication is absolutely the key," says Dr. Kydd.
Rowett agrees, noting, "What happens is kind of a cycle: The woman has changed, whether it's her body or her mind. She may have withdrawn because she has focused on not dying. Then, after that, her partner is sometimes afraid to approach her about intimacy because he doesn't want to hurt her. And when he doesn't approach her, she feels rejected."
Women need to talk with their partners about their desire for intimacy and for specific types of sexual contact; they must communicate about what feels good and what doesn't. Both Rowett and Dr. Kydd hope that their book will help with this process. The book includes a chapter for partners, and Rowett hopes that women can hand the book to their partner and say, "Read this."
If you are single, an additional challenge is when to tell a new partner about your cancer. Bringing up the topic in the heat of passion is not the optimal time. Instead, suggests Dr. Kydd, try broaching the subject "on a walk or in a restaurant, when you're talking about all of your life."
Making the effort to maintain or reestablish intimate relationships after cancer can contribute greatly to quality of life. "It's about feeling close and alive with another human being," says Rowett. "Aspects of sexual intercourse may change after cancer, but intimacy is still highly valuable."
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Dr. Kydd, who has had cancer herself, explains: "A sexual, intimate relationship is something you don't share with the rest of the world. It's something special with one person. If you lose that special relationship, it's a huge loss."
If you enjoyed positive intimate relationships before cancer, you will very likely be able to enjoy them again. You and your partner may need time to adjust to the "new normal" of life after cancer, but open communication about your concerns and desires will speed the transition.
For many women intimate relationships are an important part of feeling alive and whole; don't let cancer take that away from you.
One Woman's Story
Dr. Barbera Honnebier is a plastic and reconstructive surgeon in Hawaii. Two years ago, at the age of 42, she was diagnosed with an extremely rare tumor of the airways. When asked about how cancer affected her life, her sexuality, and her intimate relationships, she immediately responds, "My cancer changed everything." After her diagnosis she broke her engagement, found solace in a brief relationship with a much younger man, then finally met the love of her life.
When first diagnosed with cancer, Barbera says, "I was absolutely floored, but it helped me approach it as any other challenge in my life. When I went through treatment, I gave it 110 percent. With that I tried to be as positive about it as I could possibly be. I saw it, and still see it, as an indicator of how negative energy and emotions can erode your life. So now I really want to live and capture each single day. And with that comes the experience of sexuality and partnership."
When asked how partners can be supportive after a cancer diagnosis, Barbera responds, "Ideally, they have to be supportive of you emotionally—your fears and your concerns—but also supportive of you physically. If you have a partner, I think it is important that they understand your disease and stand by you during your treatment. I think that is a key factor. This, of course, is not easy. If your partner is intimidated or frightened by your illness or does not know what to do with it, that in and of itself must create a divide. As a woman, you want to sense in your partner that no matter what happens to your body, he or she will still love you and desire you—and not because you have two breasts or whatever other body part you might be at risk for losing but for a host of other reasons. I think women want to hear that. Women want to be desired."
Barbera's cancer diagnosis contributed to the breakup of an eight-year relationship. "We had, and still have, a great bond. I never doubted my fiancé's love for me," she says. "And it is difficult to summarize what happened and not entirely fair to the great relationship we had as there were many factors involved. But certain needs I had were not met. I felt undesirable. I found it very hard to have to indicate that I really craved physical attention and intimacy. I don't want to have to beg you to reach out to me. I'd rather have you freely give it to me. Not everybody is equally 'touchy-feely' of course, but this was a time when I realized how important that was for me and for my overall happiness."
It was at this point, just two weeks after her final radiation treatment, that Barbera began a three-month relationship with a young Venezuelan man she met on one of her medical missions. When the relationship began, she remembers thinking, This is obviously what I have been missing. I haven't felt this alive in years. I need this right now and maybe for the rest of my life. Her prognosis was uncertain at the time, and when she met someone who said, "I don't care about any of that—I think you are fabulous and sexy and I just want you," it truly was like a message. It brought out all the sensuality that life has to offer.
Though that particular relationship was not destined to last, it taught Barbera about what she wanted in her life. Now on the other side of treatment, and clear about what she needs, she has found the love she dreamed of her whole life. In describing her current partner, Young, she says, "I am so blessed—truly, truly blessed—to have met somebody at this stage of my life who really gets it, who really gets me and who gets the vulnerable side of me, who gets all the other issues I struggle with. He is the most joyful man I've ever been around. And he has his own issues. We just continue to help each other on a daily basis. We help each other grow. . . . Most important, however, he treats me like a woman every day—his woman—and he makes me feel beautiful every day and desired every day. And that's part of feeling alive, especially after everything I've been through. It's a large part of what I want out of my life now: true partnership and positive energy."
In her relationship with Young, the topic of her cancer was something Barbera brought up after it became apparent that their relationship was becoming serious. And despite her happiness, she acknowledges that she and Young discuss her fears of not being able to promise a future together and of being a burden if she gets sick again. She feels incredibly lucky that Young's response has been, "Well one of us has to die first. I love you and I want to be there with you."
Regarding the challenges of starting new relationships after a cancer diagnosis, Barbera says, "You have desires and wants and needs, and you meet a new man you are attracted to, but you have now been brutally confronted with your mortality. It's a very different ballgame. The same holds true for other challenges. I am much more fearless now." What helped was to tell herself: I have nothing to lose, do I? Let's go for it. I may have never spoken to this guy five years ago; but now, hey, I've been through cancer treatment. How much worse can it get? I should go and say hello to the guy. If he blows me off, so be it. Why waste time?
Asked if she has recommendations for women who are currently in a relationship, she says, "If you are in a relationship with a person whom you can actually converse with, make it known that you truly would love to be desired because that may be very nurturing. I really believe that is so helpful—to just feel desired as a woman aside from everything that is going on with your illness and your prognosis. Just forget about it, however briefly. Be intimate and just enjoy each other, body and soul. It can provide such a relief because it is just so joyful. To be with the right partner and to enjoy them sexually and intimately—there is really nothing like it."
Barbera stresses her belief that positive intimate relationships can play an important role in the healing process. "My tumor is right in the center of my chest. The more I can nourish my heart and feel good about my life—what I do with it and the people around me, love and be loved—the better it's going to be for my cancer. I believe that one's immune system is strengthened by love and, importantly, by physical touch. I think there is so much unknown about that element of healing—and I mean touch in a very broad sense—feeling loved by pets, by family members, by partners, by lovers, by whomever. I think that can do nothing but help you. I wish that for everyone. I really do."
Finally, she notes that women shouldn't be afraid to ask for support. As she puts it, she discovered through cancer that her life was not about being "a lonely camel crossing the desert without supplies." She came to realize that she needed supplies, including love, unqualified support, loyalty, and intimacy. She says, "You have to ask for help sometimes. You have to reach out to people sometimes. And it's okay. I was raised to not ask anybody for anything, but it's not so bad. I had to get cancer to discover what true love means."


text:
Sea Level Rise and Flooding
Resilience is the ability to cope with adverse shocks and stresses, and to adapt and learn to live with changes and uncertainty. Climate change and sea level rise are long term stresses that will amplify other issues in our county from intensifying storm events and hurricanes to impacting human health and social vulnerability.
With its ongoing Sea Level Rise Strategy project, Miami-Dade County is identifying and developing financially-feasible mitigation and adaptation strategies to prepare for sea level rise and coastal storms. This includes analyzing multiple "adaptation pathways" and quantifying the economic cost of inaction.
- Read about Miami-Dade County's Sea Level Rise strategy
Office of ResilienceJames F. Murley
Stephen P. Clark Center
111 NW 1st Street,
12th Floor
Miami, FL 33128
305-375-5593 | [email protected]


text:
G'day, Macca here with a pretty in-depth tutorial today, focusing on modifying Urban Rubble bases. The original bases are from Secret Weapon Miniatures, as are 3/4 of the components I am using. The reason I am modifying these bases is I want two identical bases to look different once I base models on them.
This Tutorial is broken up into two parts: This part deals with the construction, and the next part deals with the painting (find it here). As they are both large, I decided that people can pick whichever they are more interested in, and if they like both, then they can read them both.
To start with, I laid out all my bits. This included:
-Secret Weapon Etched brass barbed wire and mesh fencing
-Games Workshop 40k brass etch
-Secret Weapon shell casings, in various sizes
-Florists wire
-multiple cheap super glues
-Citadel clippers and pining drill
-hobby knife
-my trusty cutting mat.
First up, I took some of the florists wire and twisted the wire into a small loop. I then cut this off in order to get a figure '9' shape.
Next, I drilled 3 holes into the base for the three pins to go into. These pins will act as stakes for my barbed wire. A little super glue and they were in place.
I carefully used the hobby knife (box cutter, really) to cut a segment of barbed wire from the brass etch. Once cut, I wound it around a screwdriver, in order to create a coiled shape.
After removing the coil, I wound it around the stakes, and glued it into place. The key here was not to have a neat and tidy coil, but rather a loose, mishap wire which is damaged and old.
After the wire was done, I cut a small piece of etched brass mesh fencing, and toyed around with it on the base until I found an area I liked, I then glued it down.
Out come the shell casings. I used two sizes here, representing rifle ammunition and spent grenade casings. I then put a drop of super glue on a piece or card, and dipped the casings into the glue using the tweezers, before placing them in small clusters on the base.
That's base one done.
On base two, I decided to go for a ruined mesh fence. I started by cutting up some more mesh, as well as a pair of pickets. These pickets were then measured and glued into place.
I next glued on the mesh, as well as a small GW aquilla and a little coil of wire to top it off.
I looked through my massive pile of junk and bits, and came across a lamp from the Cities of Death boxed set. I decided to add it to the base to show that this really was once a city, not just a random building that has collapsed onto the base.
After all that, here we have the finished results. Simple, fast, easy.
If you want to see how I painted it, check out part 2.


text: On Mon, 2003-02-24 at 20:49, Martin J. Bligh wrote:> > I expect to have 16-32 CPUs in my $3000 desktop in 5 years . If you all> > start planning for that now, you might get it debugged before it happens> > to me.;-)> > Thank you ... some sanity amongst the crowd> > > I don't expect to connect the 16-32 CPUs with ethernet.... but it won't> > surprise me if they have non-uniform memory.> > Indeed. Just look at AMD hammer for NUMA effects, and SMT and multiple> chip on die technologies for the way things are going.> > M.Hans may have 32 CPUs in his $3000 box, and I expect to have 8 CPUs inmy $500 Walmart special 5 or 6 years hence. And multiple chip on diealong with HT is what will make it possible.What concerns me is that this will make it possible to put insanenumbers of CPUs in those $250,000 and higher boxes. If Martin et al canscale Linux to 64 CPUs, can they make it scale several binary orders ofmagnitude higher? Why do this? NUMA memory is much faster than evenvery fast network connections any day. Is there a market for such a thing? I won't pretend to know thatanswer. But the capability to do it will be there, and in 5 years the3.2 kernel probably won't be quite stable yet, so decisions made in thenext year for 2.9/3.0 may have to last until then.Please listen to Larry. When he says you can't scale endlessly, I havea feeling he knows what he's talking about. The Nirvana machine has 48SGI boxes with 128 CPUs in each. I don't hear about many 128 CPUmachines nowadays. Perhaps Irix just wasn't quite up to the job. Butnew technologies will make this kind of machine affordable (by thegovernment and financial institutions) in the not too distant future. Just my two cents. Enough ranting for today.Steven-To unsubscribe from this list: send the line "unsubscribe linux-kernel" inthe body of a message to email@example.com majordomo info at http://vger.kernel.org/majordomo-info.htmlPlease read the FAQ at http://www.tux.org/lkml/