MoD, as is its habit/vice filed a Review Petition which was dismissed by the Apex Court on 21 Jan 14.
The order is re-produced below but there may be errors due to conversion from pdf to doc format, it is recommended that it may be downloaded from the Apex Court website: -
“26. The said decision of the Central Government does not address the problem of a disparity having created within the same class so that two officers both retiring as Major Generals, one prior to 1-1-1996 and the other after 1-1-1996, would get two different amounts of pension. While the officers who retired prior to 1-1-1996 would now get the same pension as payable to a Brigadier on account of the stepping up of pension in keeping with the fundamental rules, the other set of Major Generals who retired after 1-1-1996 will get a higher amount of pension since they would be entitled to the benefit of the revision of pay scales after 1-1-1996.