I don't work for Apple. These are user-to-user support forums.
If the games are on your iPod classic, and working there, then using File > Transfer Purchases from iPod should restore them to your iTunes library, but perhaps that isn't quite what you meant by "they still exist on the iPod". If your backups only go back to January 2012 then you weren't backing up your library when you purchased the games.
Not too long ago all iTunes purchases were made on a one-time only download basis. If you lose or damage a real CD you don't go back to the store to demand a replacement. While I might wish that Apple hadn't withdrawn clickwheel games, or that they would include them in the on-demand policy now introduced for most other media and software, the facts are what they are. The one-time only policy still applies to audiobooks, certain movies, and not-withstanding the current arrangements, any individual product may be permanently removed from the iTunes store, at any time, on the whim of the copyright holder. In short, you need to arrange and maintain adequate backups of any data you don't wish to lose, and that applies to all your data, not just your iTunes library.
iCloud backup relates to iOS devices only, not iPods that are capable of running clickwheel games, so I don't think that is relevant. I don't know what particular set of circumstances caused you to lose your games, but if they were properly backed up you could have restored them. I don't know how you've approached the problem with iTunes store support staff, but while they may be sympathetic there may simply be nothing they can do. Given that the games are no longer on offer in the store the mechanisms that might have allowed them to be regranted in the past have probably been removed.
The crux of the issue is that you've lost access to something you once purchased, and have no way to restore it. It is unfortunate but that is what sometimes happens. People lose or break things every day. Be angry with Apple if it helps you feel better, but ultimately the responsibilty is yours.
tt2